ECRI Report On Greece

CRI(2015)1
ECRI REPORT ON GREECE

(fifth monitoring cycle)
Adopted on 10 December 2014

Published on 24 February 2015
ECRI Secretariat
Directorate General II - Democracy
Council of Europe
F-67075 STRASBOURG Cedex
Tel.: + 33 (0) 3 90 21 46 62
Fax: + 33 (0) 3 88 41 39 87
E-mail: ecri@coe.int
www.coe.int/ecri
ECRI REPORT ON GREECE

(fifth monitoring cycle)
Adopted on 10 December 2014
Published on 24 February 2015
T ABLE OF CONTENTS
FOREWORD ................................................................................................................ 7
SUMMARY ................................................................................................................... 9
FINDINGS AND RECOMMENDATIONS .................................................................... 13
I. COMMON TOPICS ................................................................................................ 13
1.
LEGISLATION AGAINST RACISM AND RACIAL DISCRIMINATION ..................... 13
PROTOCOL NO. 12 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS .. 13
CRIMINAL LAW ....................................................................................... 13
CIVIL AND ADMINISTRATIVE LAW.............................................................. 15
INDEPENDENT AUTHORITIES ................................................................... 16
2.
HATE SPEECH ....................................................................................... 17
DATA .................................................................................................... 17
POLITICAL AND OTHER FORMS OF PUBLIC RACIST DISCOURSE ................... 18
HATE SPEECH BY POLITICAL EXTREMISTS IN PARLIAMENT......................... 20
HATE SPEECH IN THE MEDIA AND ON THE INTERNET ................................. 21
HOMO- / TRANSPHOBIC SPEECH ............................................................. 22
3.
RACIST AND HOMO- / TRANSPHOBIC VIOLENCE ........................................ 22
OFFICIAL DATA ...................................................................................... 22
EXTENT OF THE REAL PROBLEM .............................................................. 23
RACIST VIOLENCE IN THE POLICE FORCE ................................................. 25
REPORTING OF RACIST VIOLENCE ........................................................... 26
MEASURES TAKEN BY THE AUTHORITIES .................................................. 26
4.
INTEGRATION POLICIES .......................................................................... 28
MIGRANTS ............................................................................................ 28
MEASURES TAKEN BY THE AUTHORITIES .................................................. 28
ROMA ................................................................................................... 31
THE MUSLIM MINORITY OF WESTERN THRACE ......................................... 33
II. TOPICS SPECIFIC TO GREECE........................................................................... 35
1.
INTERIM FOLLOW -UP RECOMMENDATIONS OF THE FOURTH ROUND ............ 35
2.
OTHER.................................................................................................. 35
2.1
IRREGULAR MIGRANTS ........................................................................... 35
2.2
POLICIES TO COMBAT DISCRIMINATION AND INTOLERANCE
AGAINST LGBT PERSONS....................................................................... 37
2.3
POLITICAL EXTREMISM........................................................................... 38
INTERIM FOLLOW-UP RECOMMENDATIONS ......................................................... 41
LIST OF RECOMMENDATIONS ................................................................................ 43
BIBLIOGRAPHY ........................................................................................................ 47
APPENDIX: GOVERNMENTS VIEWPOINT .............................................................. 51
FOREWORD
The European Commission against Racism and Intolerance (ECRI), established by the
Council of Europe, is an independent human rights monitoring body specialised in
questions relating to racism and intolerance. It is composed of independent and
impartial members appointed on the basis of their moral authority and recognised
expertise in dealing with racism, xenophobia, anti-Semitism and intolerance.
In the framework of its statutory activities, ECRI conducts country-by-country
monitoring work, which analyses the situation in each of the member States regarding
racism and intolerance and draws up suggestions and proposals for dealing with the
problems identified.
ECRIs country-by-country monitoring deals with all member States of the Council of
Europe on an equal footing. The work takes place in 5-year cycles, covering
9-10 countries per year. The reports of the first round were completed at the end of
1998, those of the second round at the end of 2002 and those of the third round at the
end of 2007, and those of the fourth round will be completed at the beginning of 2014.
Work on the fifth round reports started in November 2012.
The working methods for the preparation of the reports involve documentary analyses,
a visit to the country concerned, and then a confidential dialogue with the national
authorities.
ECRIs reports are not the result of inquiries or testimonial evidence. They are analyses
based on a great deal of information gathered from a wide variety of sources.
Documentary studies are based on a large number of national and international written
sources. The in situ visit provides the opportunity to meet with the parties directly
concerned (both governmental and non-governmental) with a view to gathering
detailed information. The process of confidential dialogue with the national authorities
allows the latter to provide, if they consider it necessary, comments on the draft report,
with a view to correcting any possible factual errors which the report might contain. At
the end of the dialogue, the national authorities may request, if they so wish, that their
viewpoints be appended to the final ECRI report.
The fifth round country-by-country reports focus on four topics common to all member
States: (1) Legislative issues, (2) Hate speech, (3) Violence, (4) Integration policies and
a number of topics specific to each one of them. The fourth-cycle interim
recommendations not implemented or partially implemented during the fourth
monitoring cycle will be followed up in this connection.
In the framework of the fifth cycle, priority implementation is requested again for two
specific recommendations chosen from those made in the report. A process of interim
follow-up for these two recommendations will be conducted by ECRI no later than
two years following the publication of this report.
The following report was drawn up by ECRI under its own responsibility. Except
where expressly indicated, it covers the situation up to 18 June 2014.
Developments since that date are neither covered in the following analysis nor
taken into account in the conclusions and proposals therein.
SUMMARY
Since the adoption of ECRIs fourth report on Greece on 2 April 2009, progress
has been made in a number of fields.
Following a dramatic increase in the number of incidents of racist violence in recent
years, which was linked to the rise of the neo-Nazi party Golden Dawn, the Ministry of
Public Order and Citizen Protection, in late 2012, introduced special units within the
police to tackle racist violence. These units are mandated to carry out in-depth
investigations into racist attacks; they can also open an investigation ex officio and
receive anonymous complaints. In October 2013, a Public Prosecutor for the
prosecution of acts of racist violence was appointed.
In September 2013, the leadership of Golden Dawn was arrested and remanded in
custody on criminal charges. The Greek Parliament subsequently changed the rules for
the public financing of political parties. Funding can now be cancelled if a partys
leaders, or 10% of its members of parliament, are convicted of involvement in a
"criminal organisation" or "acts of terrorism".
In September 2014, a new anti-racism law, Law 4285/2014, was adopted by the Greek
Parliament, aiming at strengthening the existing anti-racism criminal legislation.
The Ministry of Justice, Transparency and Human Rights has included the fight against
racism and racist violence into its Human Rights National Action Plan 2014-2016.
Law 3852 of 2010 established the framework for local integration councils. There are
approximately 100 such councils operating across the country, serving as a useful
integration tool by providing a platform for dialogue between the different migrant
communities and the municipal authorities.
In 2013, Article 79(3) of the Criminal Code, which already listed racist and homophobic
motivation as an aggravating circumstance, was amended to include gender identity
and make it impossible to impose a suspended sentence. Law 4285/2014 abolished
the part of Article 79(3) on aggravating circumstances and introduced Article 81A to the
Criminal Code, rendering more severe the lowest sentences that can be imposed for
hate motivated offences. Colour was added to the list of grounds and, again, the
sentences cannot be suspended.
ECRI welcomes these positive developments in Greece. However, despite the
progress achieved, some issues give rise to concern.
Greece has still not ratified Protocol No. 12 to the European Convention on Human
Rights and the authorities have not indicated any intention to prepare ratification.
Although the Greek authorities acknowledge the need to fight racism, there is no
comprehensive and multisectoral strategy in place to address its root causes and to
involve civil society partners in the fight against racism.
There has been a strong increase in the levels of incitement to racial hatred, in
particular in the context of public discourse, including from representatives of political
parties. Hatred is usually directed against immigrants, but also against Roma, Jews
and Muslims. This situation is not adequately addressed and there is widespread
impunity for acts of hate speech and insufficient official condemnation.
Greece has seen a surge of racist violence in recent years and although some
measures have been taken, these have remained largely insufficient. Fear of arrest
and deportation discourages victims of racist violence who do not have a regular
residence status from reporting incidents to the police. The negative attitudes of
members of the police towards migrants and their unwillingness to investigate cases of
9
racist violence against the latter effectively added to a general atmosphere of impunity.
In addition, there is inadequate support for victims, with the notable exception of some
charitable non-governmental organisations providing assistance.
The situation of Roma in Greece is still characterised by social exclusion and
deprivation. Segregation in the education sector has not been ended, in spite of
judgments of the European Court of Human Rights in this regard, and the housing
conditions in many Roma settlements remain substandard. Roma integration
programmes do still not involve adequate participation from representatives of the
Roma community.
Irregular migrants are routinely detained in Greece, without an assessment of the need
for such a measure or the consideration of alternative and less coercive measures.
Once released, the migrants are left to fend for themselves without access to social
services. NGOs are barred by law from providing housing to the growing number of
irregular migrants who are suffering from homelessness. This has increased their level
of destitution, as has been witnessed in the centre of Athens.
There is also considerable discrimination towards LGBT and in particular against
transgender persons. Harassment by the police is a common phenomenon as is
discrimination in the education sector. The individuals concerned do not have sufficient
support or protection from discrimination.
In this report, ECRI requests that the Greek authorities take action in a number of
areas; in this context, it makes a series of recommendations including the
following.
Greece should ratify Protocol No. 12 to the European Convention on Human Rights.
The Greek authorities should create a Task Force to develop a comprehensive national
strategy to combat racism and intolerance. Such a Task Force should be composed of
the relevant authorities, the two independent bodies (Ombudsman and National Human
Rights Commission) and NGOs, so as to enhance the cooperation between the
authorities and civil society on this matter. The national strategy should, inter alia,
include a situation analysis, an overview of existing measures, gaps and needs, and
strategic recommendations on how to address them, including targets and measurable
indicators.*
The question of a racist and/or homo-/transphobic motivation in cases of violent
incidents should be made an integral part of investigations and judicial proceedings
from their very beginning. There should be further training provided to the police, for
which programmes proposed by international organisations could be used. The
authorities should also offer training to judges and prosecutors on the application of
Article 81A of the Criminal Code on hate motivated offences.*
The Greek authorities should launch a broad-based public campaign to denounce
racist attitudes as contrary to Greek values and interests and to promote an inclusive
and multi-cultural approach towards Greek identity.
The Greek authorities need to develop an effective strategy to put an immediate end to
racial segregation affecting Roma children in schools and to prevent any reoccurrence
in the future. Such a strategy should be in full compliance with the judgments of the
European Court of Human Rights and can also draw inspiration from ECRIs General
Policy Recommendation No. 10 on combating racism and racial discrimination in and
through school education.
This recommendation will be subject to a process of interim follow-up by ECRI no later than two years
after the publication of this report.
10
The authorities should de-criminalise the provision of accommodation to irregular

migrants in order to enable charitable organisations to provide assistance to irregular
migrants who suffer from homelessness.
The authorities should develop a national strategy, together with LGBT representatives,
to combat discrimination and homo-/transphobia, including in educational facilities.
Furthermore, all educational staff should be encouraged and supported to assist
victims of bullying. The authorities should also issue a clear instruction to all police
officers that transgender persons should not be fined for alleged prostitution offences
merely due to their identity and appearance.
11
FINDINGS AND RECOMMENDATIONS

I.
Common topics
1.
Legislation against racism and racial discrimination1
Protocol No. 12 to the European Convention on Human Rights

1.
In its third and fourth reports, ECRI had recommended that Greece ratify
Protocol No. 12, which it signed on 4 November 2000, as soon as possible. The
Greek authorities reiterated their position, relying on the relatively small number
of ratifications and the absence of a well-established body of case law of the
European Court of Human Rights with regard to this instrument. ECRI
considers, however, that the willingness to ratify the Protocol, which entered
into force on 1 April 2005, should not be dependent on the number of other
ratifications, but on its usefulness in fighting racism in Greece. Moreover, ECRI
wishes to draw Greeces attention to the Sejdi and Finci v. Bosnia and
Herzegovina judgment of 22 December 20092, in which the Grand Chamber of
the European Court of Human Rights established that Protocol No. 12 would be
interpreted in the same manner as Article 14 of the European Convention on
Human Rights.
2.
ECRI once again recommends Greece to ratify Protocol No. 12 to the European
Convention on Human Rights.
Criminal law
3.
The criminal law provisions to fight racism and racial discrimination are
contained in Law 927/1979, as amended by Laws 1419/1984, 2910/2001 and
4285/2014. Law 4285/2014 was enacted on 9 September 2014 with the
purpose of adapting Law 927/1979 to Council Framework Decision
2008/913/JHA on combating certain forms and expressions of racism and
xenophobia by means of criminal law.
4.
Article 1.1 of Law 927/1979 criminalises the intentional public incitement3 to acts
or activities that may result in discrimination, hatred or violence against
individuals or groups based on their racial, national or ethnic origin, colour,
religion, sexual orientation or gender identity.4 The creation or leadership of or
participation in a group that promotes racism is banned by Article 1.4 of the law.
While the law covers the recommendation contained in 18 c of ECRIs
General Policy Recommendation (GPR) No. 7 on national legislation to combat
racism and racial discrimination, which relates to racist threats, it does not
address those in 18 b, referring to insults and defamation, or 18 f,
concerning the public dissemination, public distribution or production or storage
of racist material.
According to ECRIs General Policy Recommendation (GPR) No.7, racism shall mean the belief that a
ground such as race, colour, language, religion, nationality or national or ethnic origin justifies contempt for
a person or a group of persons, or the notion of superiority of a person or a group of persons. According to
GPR No. 7 racial discrimination shall mean any differential treatment based on a ground such as race,
colour, language, religion, nationality or national or ethnic origin, which has no objective and reasonable
justification.
2
Sejdi and Finci v. Bosnia and Herzegovina (ECtHR applications nos. 27996/06 and 34836/06).
Article 1 stipulates that for the behaviour in question to fall under the law it must endanger public order
or pose a threat to the life, freedom or physical integrity of such persons or amount to a threat for (a
protected individuals or a protected groups) life, liberty or physical integrity.4
This is also Relevant for sections I.2, I.3 and II.2.2.

13
5.
Article 1 does not refer to the grounds of language and citizenship.
6.
ECRI recommends that language and citizenship are included in the list of
grounds of Article of Law 927/1979. It also recommends that the offences that
are still missing (see 4 above) be included in the law.
7.
Racial discrimination in the exercise of ones public office or occupation - as per

General Policy Recommendation (GPR) No. 7 on national legislation to combat
racism and racial discrimination, 18 h is not criminalised by Law 927/1979,
as amended by Articles 1 and 2 of Law 4285/2014.
8.
ECRI recommends to amend Law 927/1979 in order to criminalise racial

discrimination in the exercise of ones public office or occupation.
9.
The act of denying, condoning, or trivialising genocide, crimes against humanity

and war crimes is criminalised by the amendments introduced to Article 2 of
Law 927/1979 by Article 2 of Law 4285/2014.
10.
Law 927/1979 does not criminalise the public expression, with a racist aim, of
ideologies with a claim of superiority as recommended in GPR No. 7, 18 d.
11.
ECRI recommends to amend Law 927/1979 in order to criminalise the public

expression, with a racist aim, of ideologies with a claim of superiority.
12.
Law 927/1979 does not follow 20 of GPR No. 7 (criminalising the instigating,
aiding, abetting, or attempting to commit the criminal offences) directly, but
there are general provisions in the Criminal Code to this effect.
13.
The concept of criminal liability of legal persons does not exist in Greek law.
However, Article 4 of Law 4285/2014 provides for the imposition of
administrative fines on legal persons, when one of the punishable offences of
Law 927/1979 is committed on their behalf.
14.
Article 79(3) of the Criminal Code made it an aggravating circumstance to

commit an act out of hatred based on race, religion, national or ethnic origin, or
because of the different sexual orientation or gender identity of the victim. The
sentence could not to be suspended.5 Law 4285/2014 introduced Article 81A to
the Criminal Code rendering more severe the lowest sentences that can be
imposed for hate motivated offences.6 Law 4285/2014 abolished the part of
Article 79(3) on aggravating circumstances. The list of grounds in Article 81A is
the same as the one that used to figure in Article 79(3) only that colour (as well
as disability) has been included. Again the sentences cannot be suspended.
ECRI notes that the new provision does not correspond entirely to 21 of GPR
No. 7. However, ECRIs attention has also been drawn to the perfunctory
application of Article 79(3).7 In ECRIs view, it is important for the authorities to
monitor carefully the way Article 81A will be used by the courts to assess
whether it can help overcome the problems encountered with Article 79(3).
ECRI will also revisit this question in the next monitoring cycle.
Article 79(3) was introduced in 2008. The 2013 amendment added gender identity as a ground and made
it impossible to impose a suspended sentence.
6
The Criminal Code determines the lowest and highest sentence that can be imposed for each category of
criminal offences: petty offences, misdemeanours and crimes (felonies).
7
See 75 and 76 in section I.3.
14
15.
-
ECRI recommends that language and citizenship are included in the list of
grounds in Article 81A of the Criminal Code.
Civil and administrative law
16.
Law 3304/2005 provides protection against discrimination.8 In its last report,

ECRI welcomed the adoption of the law as a positive step, but also pointed out
certain gaps which required amendments in order to provide wider protection
against discrimination on the grounds contained in ECRIs GPR No.7.
17.
Law 3304/2005 covers discrimination on the grounds of race9, ethnic origin,

religion, political or other beliefs, sex, disability, age or sexual orientation and
extends to both the public and private spheres. It covers employment, social
protection, education, and access to public goods and services, including
housing. Although this is not explicitly mentioned in the law, some observers
consider that it is obvious from the context that natural persons as well as
organisations are liable when committing acts of discrimination.10 Article 2(1)
prohibits direct and indirect discrimination and Article 2(3) also prohibits
instructions to discriminate.
18.
Law 3304/2005 does not mention discrimination based on colour, language or

citizenship, as is advised in ECRIs GPR No.7, 1 a. ECRI recommended in its
fourth report that the Greek authorities reinforce Law 3304/2005 by broadening
its scope to include the above-mentioned grounds. However, no amendments
have been made to this effect so far.
19.
Chapter III of the Law, which prohibits discrimination based on, inter alia,
religious or other beliefs, does not extend the scope of this prohibition to social
protection, education and access to goods and services. ECRI recommended in
its fourth report that the Greek authorities reinforce Law 3304/2005 by
broadening the scope of Chapter III to include these areas; but no amendments
to this effect have been made so far.
20.
Discrimination by association or discrimination by assumption, as mentioned in

6 of ECRIs GPR No. 7, are not covered by the law.
21.
There are no provisions in Law 3304/2005 that place a direct obligation on

public authorities to prevent discrimination in carrying out their functions, as
recommended in 8 and 9 of ECRIs GPR No. 7.
22.
ECRI recommends that Law 3304/2005 be amended in line with its General
Policy Recommendation No. 7 to: include the grounds of colour, citizenship and
language; extend the scope of Chapter III of the law to social protection,
education and access to goods and services; include discrimination by
association and by assumption; and include a direct obligation on all public
authorities to prevent discrimination in carrying out their functions.
This law implements EU Directives 2000/43/EC and 2000/78/EC, which establish the principle of equal
treatment between persons irrespective of racial or ethnic origin and a general framework of equal
treatment in employment and occupation respectively.
9
The law does not contain a definition of this term. However, Law 474/1990, which ratified the
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), provides such a
definition in its Article 1(1): "racial discrimination means any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other field of public life.
10
See also: Athanasios Theodoridis, Report on Measures to Combat Discrimination - Directives

2000/43/EC and 2000/78/EC - Country Report 2012, Greece, 2013, p.39.
15
23.
In its fourth report, ECRI recommended that the Greek authorities take
measures to ensure a more vigorous application of Law 3304/2005 in cases of
racial discrimination by, inter alia, amending it to enable civil society actors to
bring cases to court, even if a specific victim is not referred to, as indicated in
25 of ECRIs GPR No.7. This has not happened so far.
24.
ECRI repeats its recommendation to amend Law 3304/2005 so as to enable

non-governmental organisations to bring cases to court without representing a
specific victim.
25.
Law 3304/2005 does not provide for the possibility to suppress public financing
for political parties that promote racism or for dissolving them, as per 16 and
17 of ECRIs GPR No.7 respectively. However, in autumn 2013, following the
arrest of several members of the leadership of the neo-Nazi party Chrysi Avgi
(Golden Dawn) on criminal charges, Parliament decided that public funding for
a party can be suspended if its leaders, or 10% of its members of parliament,
are charged with involvement in a "criminal organisation" or "acts of terrorism".
Funding can be cancelled if the accused are convicted; if not, however, the
suspended funds will have to be paid. ECRI is fully aware of the importance of
public financing for political parties in order for them to fulfil their mandate within
a democratic system. However, this cannot constitute a justification for
providing public funds to racist parties which violate core democratic values.11
26.
The same reasoning applies to the question of whether racist parties should be
permitted to exist and run in elections. Although the creation or leadership of a
group that promotes racism is banned by Law 927/1979, this provision is not
applied. Current practice obliges political parties wishing to register for the
elections to submit a written pledge to abide by the Constitution, but whether
such a pledge actually corresponds to the partys programme and conduct is
never subject to any review. The Greek authorities pointed out that the countrys
constitution does not contain a provision for the banning of political parties.
Many civil society organisations indicated to ECRI that they would view such a
step with suspicion; this approach is based on Greeces experience with
banning political parties in the aftermath of the civil war and during the period of
the military junta. Nevertheless, the Constitution does not rule out banning racist
and neo-Nazi parties, even though this is not explicitly stipulated. ECRI stresses
that timely action should be taken against such parties to avoid an escalation of
criminal activities. For the same reason, poor electoral results of such parties
should not be used as an argument for not banning them.
27.
ECRI recommends, in line with its GPR No. 7, that the legislation be amended
not only to suppress public financing of organisations which promote racism, but
also to provide for the possibility of dissolution of such organisations.
Independent authorities
28.
Law 3304/2005 entrusts three specialised bodies with the promotion of the
principle of equal treatment. The Ombudsman is one of them12; his/her mandate
covers equal treatment regardless of racial or ethnic origin, religious or other
beliefs, age, disability or sexual orientation in the public sector. ECRI notes that
its fourth cycle recommendations concerning the empowerment of the
Ombudsman to represent alleged victims in court or grant them legal aid, and
11
Article 29(1) of the Greek Constitution states that: Greek citizens possessing the right to vote may freely
found and join political parties, the organisation and activity of which must serve the free functioning of
democratic government.
12
The Ombudsmans Office is a constitutionally established independent authority. Its organisation,

staffing and operation are defined in Law 3094/2003 and Presidential Decree 273/1999.
16
the extension of the deadline for filing complaints, have not been followed up
on.13
29.
The Ombudsman can only refer a case to the competent prosecutor or

administrative authority for investigation, without having the right to initiate and
participate in court cases. Since 2010, the National Commission of Human
Rights (NCHR) has been proposing to amend Law 3304/2005 to allow the
Ombudsman to intervene in favour of a plaintiff in cases which have been
previously investigated by him/her and are subsequently heard by the courts.
However, no such amendments have been made or are planned.
30.
The Ombudsman cannot receive complaints concerning the private sector, as

recommended in 24 of ECRIs GPR No. 7.
31.
ECRI recommends Law 3304/2005 be amended to give the Ombudsman the

right to initiate court cases, to participate in them and to intervene in favour of
plaintiffs whose cases s/he has investigated. The Ombudsman should be
allowed to receive complaints from the private sector concerning racial
discrimination. Alternatively, an independent equality authority, dealing inter alia
with racial discrimination, should be created along the lines recommended by
ECRI in its above-mentioned General Policy Recommendation No. 7 and the
more detailed General Policy Recommendation No. 2 on specialised bodies to
combat racism, xenophobia, antisemitism and intolerance at national level.
32.
The other two bodies tasked with monitoring compliance with the principle of
equal treatment are the Equal Treatment Committee, which covers all fields with
the exception of the public sector and employment, and the Labour
Inspectorate, which is active in in the field of employment and occupation in the
private sector. They are not independent bodies though - being an integral part
of the Ministry of Justice, Transparency and Human Rights and the Ministry of
Labour, Social Security and Welfare respectively. The authorities have informed
ECRI that there are no plans to change the status of these bodies.
33.
ECRI recommends that in order for the Equal Treatment Committee and the
Labour Inspectorate to become independent authorities, they should be given a
status similar to that of the Ombudsman. Alternatively, their competencies could
be transferred to an independent authority, as recommended in 31.
2.
-
Hate speech14
Data
34.
During its visit to Greece, ECRIs delegation was informed by various

interlocutors that the widespread problem of hate speech had increased
substantially since 2009, in particular in the context of the rise of Golden Dawn.
These views were confirmed by a review of media, internet blogs and political
discourse. Hate speech is mainly directed against migrants, Muslims and
Roma, but also against Jews and LGBT persons. Moreover, there have been
borderline incidents against those whose countries are perceived as being
responsible for the economic crisis and the austerity measures taken in
response thereto. The exact number of these incidents is difficult to ascertain in
the absence of systematic data collection. Furthermore, there are no detailed
statistics on the few cases that reach the courts, since there is no central hate
13
ECRIs conclusions on the implementation of the recommendations in respect of Greece subject to

interim follow-up, 22.6.2012.
14
This section covers racist and homo/transphobic speech. For a definition of hate speech see
Recommendation No. R (97) 20 of the Committee of Ministers to the member States on hate speech,
adopted on 30.10.1997.
17
crime database. Each court is supposed to compile its own data, without
standardised criteria.
35.
ECRI recommends that the Greek authorities set up a national monitoring

mechanism for incidents of hate speech. This should also include, but not be
limited to, a centralised database for court cases.
36.
The OSCEs Office for Democratic Institutions and Human Rights (ODIHR)
received the last submission from the Greek Prosecutors Office in 2013
covering the period of 2012. According to it, no new cases were reported in
2010 and 2011, one sentence was handed down for a racist crime in 2011, and
only one racist crime - against persons of African origin - was prosecuted in
2012.15 The authorities informed ECRIs delegation that 15 cases had been
investigated and nine prosecutions initiated under law 927/1979 in 2013. This
increase is largely related to the crackdown against Golden Dawn.16
37.
ECRI, before analysing the different manifestations of hate speech in Greece

today, wishes to stress the absence of any systematic prevention efforts. It also
wishes to stress the lack of any effective responses: relevant criminal laws are
not always applied and the situation is made worse by the non-condemnation of
hate speech and the absence of self-regulatory measures amongst political
parties or the media. ECRI has, of course, been informed by the authorities
about projects to promote tolerance in schools. While ECRI welcomes these
activities, it notes that they remain few and far between.
Political and other forms of public racist discourse

38.
Since ECRIs last report, Greece has seen the rise of Golden Dawn, which
entered the Athens City Council in 2010 and the national Parliament in 2012.
The leadership and members of Golden Dawn have openly voiced their hatred
of immigrants and Jews on many occasions. Praise of Nazism and Hitler,
Holocaust denial and antisemitic hate speech are frequent occurrences.
39.
Antisemitic stereotypes are not limited to far-right political parties, but have
permeated large parts of society as well as some parts of the Greek Orthodox
Church. Metropolitan Seraphim of Piraeus made openly antisemitic statements
on television in December 2010 when he blamed Jews for orchestrating the
Holocaust and accused world Zionism of a conspiracy to enslave Greece and
the Orthodox Church.17 In a recent global survey, the Anti-Defamation League
found that Greece had the highest index score (69%) of antisemitic attitudes
outside the Middle East and North Africa.18 Such views also manifested
themselves in acts of vandalism against the Holocaust Memorial for the Jews of
15
ODIHRs information to ECRI, 2013; and ODIHR, Hate Crimes in the OSCE Region, 2013, p.27.
16
In March 2013, the British TV station Channel 4 broadcasted a documentary about Golden Dawn, in
which a party member, Alexander Plomaritis, stated, with reference to methods used in Nazi death-camps,
that immigrants should be turned into soap and that we are ready to open the ovens. The Central Board
of Jewish Communities in Greece publicly protested against these comments. Subsequently, the newly
founded anti-racism police unit sent excerpts of the documentary to the prosecutor. An ex-officio
prosecution was brought against Alexander Plomaritis for violation of Law 927/1979. This is a rare
example of such statements resulting in an official investigation.
17
USA Greekreporter.com, Greek Orthodox Community of America Renounced Anti-Semitic Statements

by Metropolitan Seraphim of Piraeus, publ. 27.10.2010; Robert Mackey, A Greek Bishops Anti-Semitic
Tirade, publ. 22.12.2010 on New York Times.com; - Haaretz, European Jewish Congress 'repulsed' by
Greek priest's anti-Semitic remarks, publ. 22.12.2010, all accessed 22.5.2014. - It should be noted that
such antisemitic views are not representative of the Greek Orthodox Church as a whole. Although some
bishops were vehemently opposed to the newly adopted anti-racism law, the Holy Synod of the Orthodox
Church of Greece praised it as an effort to promote social peace and respect for the rights of all.
18
Anti-Defamation League, ADL Global 100: A Survey of Attitudes Toward Jews in Over 100 Countries
Around the World Executive Summary, 2014, accessed on 14.5.2014.
18
Rhodes in October 2012, which had already been vandalised several times in
the past and the desecration of the local synagogue in May 2010.
40.
Representatives of migrant groups and other groups of concern to ECRI

indicated that hate speech in day-to-day public life has increased in recent
years. Examples include derogatory comments made on public transport, in
schools, in shops or in the streets. While these observations are not based on
statistical evidence but on the subjective experience of victims and witnesses of
such hate speech, they are nevertheless an important indicator of changes in
public attitudes. This information also helps to understand individuals
perceptions of their vulnerability to discrimination and social exclusion. The
situation seems to be particularly difficult in the greater Athens area, where
many migrants reside and problems caused by the fear or experience of social
deprivation amongst the long-term residents of some neighbourhoods merge
with racial prejudice. These developments are closely linked to the political
discourse, which in recent years has been strongly shaped by anti-immigration
rhetoric. The current financial, economic and social crisis in Greece has eroded
social cohesion and the states ability to counter its consequences. Populist
rhetoric is a common phenomenon in such situations, not only in Greece.
However, the need to understand and address citizens concerns, including with
regard to immigration, should under no circumstances be misused to encourage
racial prejudice or to stir up confrontational attitudes. The political leadership
should fulfil its responsibilities by calming tensions and promoting mutual
understanding and tolerance.
41.
ECRI recalls in this connection that in August 2012, the Minister of Public Order
and Citizen Protection stated that because of irregular migration the country
perishes. Ever since the Dorians invasion 4,000 years ago, never before has
the country been subjected to an invasion of these dimensionsthis is a bomb
on the foundations of the society and the state.19 These statements were made
in the context of the Xenios Zeus operation, which had started in August 2012
and included racial profiling-based checks of the legal status of migrants by
police on the streets. The term bomb was also used publicly in July 2012 by
the same minister when referring to the centre of Athens, where many irregular
migrants and asylum seekers often rent and live in overcrowded apartments
characterised by substandard living conditions, often deprived of access to
public social welfare services.20 It is noteworthy that two days later Golden
Dawn referred to the ministers statement as a vindication of (its own)
positions.21 ECRI refers to these unfortunate events in order to stress the need
for the countrys leadership to abstain from dehumanising remarks.
42.
There are other examples of dangerous comments, including that made in

January 2014 by Sofia Voultepsi, member of Parliament for
conservative/centre-right Nea Dimokratia. During a live television broadcast she
called refugees "unarmed invaders, weapons in the hands of the Turks". As a
matter of fact, she was referring to the Farmakonisi shipwreck, which had
resulted in the drowning of nine children and three women during a
controversial Greek Coastguard operation to intercept irregular migrants.22
43.
Similarly, Roma are not only victims of day-to-day insults by members of the
general public, but also subject to negative stereotyping in political discourse. In
19
Quoted in: Council of Europes Commissioner for Human Rights, Report following his visit to Greece,
Strasbourg, April 2013, p.8.
20
Quoted in: CoEs Commissioner for Human Rights, 2013, p.8.
21
CoEs Commissioner for Human Rights, 2013, p.8.
22
Damian Mac Con Uladh, Refugees are 'unarmed invaders' sent by the Turks, says government MP,
published by EnetEnglish.gr, 31.1.2014, accessed 3.4.2014.
19
October 2013, during a police raid on the Roma settlement in Farsala, a blond
girl was taken from the couple who had raised her, because of the perceived
lack of physical resemblance with them. Police suspected that the girl had been
abducted which turned out to be untrue and the Minister of Public Order and
Citizen Protection, addressing police officers on this case, congratulated them
for dissolving ghettos of lawlessness where abduction of children occurred.23
44.
Many representatives of vulnerable groups explained that while the day-to-day

racist comments they have to face in the public sphere can, to some extent, be
countered and discouraged by personal dialogue, the level and quality of hate
speech takes on a frighteningly different dimension when people feel
encouraged by political leaders who are echoing and promoting prejudices and
resentments. The resulting acceptance of hate speech creates a general
climate in Greek society that facilitates the increasing willingness to commit or
tolerate acts of violence against these groups. Such statements encourage
further popular hate speech exactly at a time when due to heightened social
tensions the building of bridges between communities becomes even more
necessary.
45.
ECRI calls upon all political parties, as well as the leadership of the Greek
Orthodox Church, to take a firm stand against racist discourse and instruct their
representatives to refrain from making derogatory comments targeting a group
of persons on grounds of their race, religion, nationality, language or ethnic
origin.
Hate speech by political extremists in Parliament

46.
Golden Dawn has repeatedly used the Greek Parliament as a platform for its
racist propaganda. Examples include an incident on 18 October 2012, when
during a plenary session, the Golden Dawn MP Eleni Zaroulia referred to
migrants in Greece as sub-humans who have invaded our country, with all
kinds of diseases. There was no strong reaction by parliament to this extreme
example of hate speech, which was widely reported in the Greek media. 24
Another example is the reading of extracts from the infamous antisemitic forgery
Protocols of the Elders of Zion by party spokesperson Ilias Kasidiaris during a
plenary session on 23 October 2012.
47.
The lack of resolute responses against hate speech in Parliament was pointed
out by the Council of Europes Commissioner for Human Rights, following his
visit to Greece in early 2013. He called on the Greek political parties and the
national Parliament to adopt self-regulatory measures to counter and sanction
intolerant, xenophobic and racist speech used by politicians, for example by
amending the disciplinary measures that may be imposed on MPs under
Article 77 of the Greek Parliaments Standing Orders accordingly.25 ECRI notes
that recently action has been taken by those chairing parliamentary sessions
against Golden Dawn deputies. This positive trend needs to be followed up by
structural measures.
48.
ECRI recommends that a provision prohibiting racist and homo-/transphobic

insults and providing for measures and/or sanctions to be taken in case of its
breach is introduced in the Parliaments Standing Orders.
23
European Roma and Travellers Forum (ERTF), Briefing paper on the situation of Roma and Travellers
in Greece, submitted to ECRIs Secretariat, December 2013, p.15.
See also: http://www.antenna.gr/news/Politics/article/320004/dendias--aytokatharsi-stin-astynomia-.
24
25
20
Hate speech in the media and on the Internet

49.
Hate speech is widespread in the media and on the Internet; it goes largely
unchecked and unpunished. One of the reasons is the lack of effective selfregulatory mechanisms in this connection. The rise of Golden Dawn seems to
have been facilitated by TV stations broadcasting interviews with its leadership
in a life-style-show fashion, leading to trivialisation, rather than providing indepth information on its racist ideology and activities. A study to examine
political behaviour in specific areas of Athens, such as St Panteleimon where
Golden Dawn was very successful in the last municipal elections, found that:
The proponents of radical views have a privileged access to the mainstream
media, the serious press. With great ease columnists submit opinions that are
non-institutional, non-political. There's a flirtation with extremism.26
50.
The case of the blond girl found in the Roma settlement also demonstrated the
prevalence of negative stereotypes in the media. Many newspapers
immediately, before any results of the police investigation were known,
announced that the girl must have been abducted and published headlines such
as Roma grab babies or The blonde angel and the kidnappers. Several TV
channels spoke about trafficking networks, claiming that the parents would force
her to beg or that they wanted to sell her entirely or in pieces. The
Ombudsman criticised the media for reproducing stereotypes and racist
attitudes.27
51.
The anti-terrorism discourse in the media also often targets immigrants and
refugees, as well as the Muslim community in general. Media play a significant
role in linking criminality and terrorism with immigration, further fuelling hate
speech. In December 2011, for example, the extreme-right newspaper Stohos
openly referred to Muslims and immigrants coming from Turkey as terrorists. 28
Islamophobia has dramatically increased since the far-right press began to link
Islam to terrorism.29 On 9 April 2011, the offices of a Somali community
association in Athens were vandalised. This incident followed the publication in
ultra-conservative Eleftheri Ora of an article with the title Somali pirates with a
mosque in Fylis street and the subtitle Christianity v. Islam. Its author stated
that the Somali are the most dangerous Islamists in the world. 30 References to
Islamic terrorism can also be found on many extremist Internet-blogs - such as
Greek National Pride or Hellas - where contributors often remain anonymous.31
52.
ECRI recommends that Law 927/1979 is always applied to cases of hate

speech in the media. It also recommends that the authorities encourage,
without encroaching on the independence of the media, the creation of an
effective self-regulatory mechanism for the media industry to prevent racist
comments in newspapers, on television and on the radio. Furthermore, it
recommends that Greece ratifies the Additional Protocol to the European
Convention on Cybercrime, as stated in the 2014-2016 Human Rights National
Action Plan.
26
Undertaken jointly by Greek (Panteion and Macedonia), British (Oxford) and French (Sorbonne)
universities; its initial findings were released in April 2011.
27
ERTF, 2013, p.15. See also Espresso newspaper and Ethnos newspaper.
28
See Stohos newspaper, http://www.stoxos.gr/2011/12/2007.html, accessed 5.12.2013.
29
European Network Against Racism (ENAR), 2013, p.32.
30
Antigone NGO, Annual Report 2011, p. 145; - quoted in: ENAR, 2013, p.32.
31
ENAR, 2013, p.32 See also: http://national-pride.org/2011/02/21/ and http://www.hellasontheweb.org.

21
Homo- / transphobic speech

53.
ECRI has been informed by LGBT groups that homo- and transphobic hate
speech, verbal harassment and inappropriate comments are common amongst
the general public, resulting in LGBT persons feeling constantly discriminated
against and excluded in day-to-day life.
54.
Golden Dawn and extreme religious groups led a violent protest that forced the
closure of Terence McNallys controversial play Corpus Christi - in which Jesus
and the apostles are portrayed as gay men - in Athens in October 2012. Golden
Dawn MP Ilias Panagiotaros was filmed shouting homophobic insults at the
plays director. After the cancellation of the play, the director received death
threats.32
55.
In early December 2013, Serafim of Piraeus, known for his homophobic views33,
threatened34 to excommunicate any member of Parliament who would vote in
favour of extending civil partnerships to homosexuals.35 The prominent role of
the Orthodox Church in Greek society places a moral obligation on its leaders to
pronounce themselves clearly against any form of hate speech, including
homophobic statements made by some representatives of the Church.
56.
ECRI recommends that the authorities discuss with the leadership of the
Orthodox Church ways in which the Church can use its moral standing to
prevent and combat hate speech, including against LGBT.
57.
ECRI recommends that the authorities make a public declaration condemning

homo-/transphobic hate speech. It also recommends that all political parties
take a firm stand against homo-/ transphobic discourse by their representatives.
3.
Racist and homo- / transphobic violence
Official data
58.
There is a severe problem with underreporting of racist or homo-/transphobic

violence in Greece. In so far as racist violence is concerned, this is mainly due
to fear amongst victims of being arrested and deported when reporting such a
crime to the police, given the fact that many of them do not have residence
permits. Other deterrents include the absence of successful prosecutions of
culprits, and the persistent and continuing allegations, some of which were
officially investigated, of collusion between police officers and Golden Dawn,
which have severely diminished trust in the police amongst victims of racist
violence. Furthermore, the fact that the police have requested a number of
victims to pay a fee of 100 to lodge their complaints created an additional
obstacle, although the authorities indicated to ECRI that in such cases no fee
should be charged by the police.36 This has been made clear in Law 4285/2014,
which in Article 5 expressly rules out such fees.
32
Paul Mason, Alarm at Greek police 'collusion' with far-right Golden Dawn, publ. 17.10.2012 on BBC
News World online, accessed 3.4.2014.
33
See for example Robert Mackey, A Greek Bishops Anti-Semitic Tirade, publ. 22.12.2010 on New York
Times.com, accessed 22.5.2014, on his homophobic remarks.
34
http://www.tanea.gr/news/politics/article/5062171/epistolh-benizeloy-se-serafeim-h-orthodoksia-apexeiplhrws-apo-antilhpseis-kanonistikes-hthikoplastikes-timwrhtikes/, accessed 3.4.2014.

35
36
It should be noted that such views are not representative of the Greek Orthodox Church as a whole.
Under Article 46 of the Code of Criminal Procedure a fee of 100 is required in order to file a criminal
complaint in cases which are not prosecuted ex officio. Victims of racially-motivated attacks should not
have to pay this fee since the related offences are prosecuted ex officio. However, a number of victims
22
59.
ECRI recommends that the authorities ensure that clear instructions are issued
to all police officers that no fee is to be charged for reporting racist or homo-/
transphobic violence; the victims should always be informed accordingly.
60.
The Greek authorities do not compile full statistics about the extent of racist
violence. There are official figures for the hate crime data submitted by the
prosecutors office and the Ministry of Justice to the OSCE (ODIHR), already
mentioned in section I.2 above. However, much more needs to be done to
transform the current data collection into a full-scale system. This fact should
not, however, be seen as an indication of a low number of occurrences, but
rather indicative of the massive problems with regard to reporting, investigating
and prosecuting acts of racist violence in Greece. Furthermore, racist motivation
as an aggravating circumstance, for example in cases of murder, attempted
murder, or assault, is currently only taken into consideration at the end of a trial
when a guilty verdict has been reached and the sentence is to be determined.
However, even this is rarely done, as exemplified by the case of the two men
who were convicted on 15 April 2014 for the murder of a Pakistani migrant,
Sachzat Loukman, in January 2013, without having their racist motivation taken
into consideration.
Extent of the real problem

61.
In October 2011, a group of NGOs (20 today) together with the National Human
Rights Commission and the UNHCR set up the Racist Violence Recording
Network (RVRN) to fill the data gap. As the RVRN is not present throughout the
country and largely depends on victims willingness to come forward, its
numbers do not constitute a full account of racist violence in Greece either;
most likely they show the tip of the iceberg, with many incidents remaining
unreported.37
62.
The reports and conclusions of the network indicate an explosion of racist

violence in Greece in recent years, coinciding with the unfolding of the countrys
financial and economic crisis. Already during the period November 2010 June
2011, the polyclinic of the NGO Praksis in central Athens recorded
206 incidents of racist violence. Most victims were men aged 25-45 years.
There were also 45 assaults against women and children. During the first half of
2011, Mdecins du Monde, which also operates a polyclinic in central Athens,
recorded that around 300 immigrants were victims of physical assault. The most
common countries of origin among victims were Bangladesh and Afghanistan.38
63.
In 2012, the RVRN registered two racially motivated murders39 and

154 incidents.40 Most occurred in inner-city Athens or in the surrounding
prefectures. The majority of incidents occurred in public places, including on
public transport.41 There were also attacks on an Afghan restaurant and a
have reported that they have been required by the police to pay it. This is excessively high for many of
them given their social conditions. (See also: CoEs Commissioner for Human Rights, 2013, p.19).
37
The Ombudsman, The phenomenon of racist violence in Greece and how it is combated, September
2013, p.2.
38
ENAR, Racism and related discriminatory practices in Greece. Shadow Report 2011-2012, 2013, p.29.
39
RVRN, 2012 Report, Athens, April 2013, accessed 16.12.2013.
40
Out of the 154 documented cases of racist violence in 2012, the victims consisted of 149 men and 5
women, mainly from Afghanistan (47), Pakistan (13), Algeria (12), Bangladesh (12), Egypt (10) Morocco
(7) and Somalia (6). 44 of them were asylum seekers, four were recognised refugees, 15 were holders of
residence permits and 79 held no legal documents or were under deportation order. In some cases the
victims legal status was unknown.
41
RVRN, 2013.
23
Somali community centre.42 Even in private homes people were not safe, as
was evident by an attack on the house of the Imam of the Pakistani community
in Sepolia.
64.
The majority of victims were Muslim. The attacks were often accompanied by
verbal insults and threats through which the racist motive of the attack was
clearly expressed. The vast majority of the perpetrators were believed to be
Greek, although there have also been some attacks in which ethnic Albanians
reportedly participated. Examples of involvement of Albanian youth with Golden
Dawn at the local level, for example in schools, have also been reported by
other civil society organisations that ECRIs delegation met. In only six out of
the 154 incidents, did the perpetrator act alone. According to testimonies given
by victims to RVRN, in 91 cases, the perpetrators were believed to be
associated with Golden Dawn. In several cases, victims or witnesses either
clearly recognised persons belonging to the local branch of Golden Dawn or the
perpetrators wore the party insignia. Attackers acted in an organised manner
and in groups, moving either by motorcycle or on foot, often accompanied by
aggressive dogs. They were dressed in black or in military-style clothing,
wearing helmets or with their faces covered. Victims spoke of areas in Athens
which had become inaccessible to them due to fear of being attacked. Most
incidents occurred after dark or in the early morning hours. The recording of
incidents by RVRN has revealed not only that the level of violence in the attacks
has increased, but also that there is greater tolerance or fear by witnesses who
do not intervene to assist victims during the attacks. In many cases victims
reported the use of weapons, such as clubs, crowbars, folding batons, chains,
brass knuckles, sprays, knives and broken bottles, while the use of large dogs
has been repeatedly reported in the areas of St Panteleimon and Attica square.
The victims often suffered multiple injuries such as fractures, sprains,
contusions, lesion injuries, abrasions, eyesight and hearing damage, and/or
symptoms of post-traumatic stress.43 One victim had his whole back scarred
with the initials XA, the Greek initials of Golden Dawn.44
65.
In 2013, the number of incidents of racist violence rose again sharply compared
with the previous year. The RVRN registered 320 victims of 166 separate
attacks.45 Of these, 143 concerned migrants or refugees, including the murder
of the Pakistani man mentioned above. One attack was against a human rights
activist and 22 incidents targeted LGBT individuals. Although this was the first
time that the RVRN recorded attacks motivated by hatred related to sexual
orientation, it does not mean that there were no such incidents in the past; this
is linked to the recent mobilisation and participation of LGBT NGOs in the
RVRN.46
66.
In April 2013, more than 150 mainly Bangladeshi migrants working as

strawberry pickers were shot at in Manolada by their foremen when they
protested and demanded their outstanding pay. As a result, some 35 migrants
were injured and required hospitalisation. This incident shows that racist
violence has spread far beyond the activities orchestrated by Golden Dawn, and
that a dehumanising attitude towards migrants has spread to other parts of
society.
42
ENAR, 2013, p.30.
43
RVRN, 2013.
44
45
RVRN, Racist Violence Recording Network presents 2013 annual report.
46
RVRN, 2013.
24
67.
Although the general trend in incidences of racist violence declined after the
autumn 2013 crackdown against Golden Dawn, the problem of racist violence
has not disappeared. In fact, 18 more incidents were recorded in the three
months following the arrest and prosecution of the party's leadership for forming
a criminal organisation. In March 2014, ECRIs delegation was informed that a
resurgence in attacks had been noticed in the period preceding the visit.
Racist violence in the police force
68.
In May 2011, the National Commission for Human Rights (NCHR) adopted a
special report on tackling racist violence in Greece by the police and the justice
system.47 It found that racist violence could not be dealt with effectively without
a complete change in the way that the police handled such cases. Reform was
especially important in cases involving police officers. Such cases generally
resulted in an acquittal, if investigated at all. This failure to investigate
complaints properly contributed to victims reluctance to report crime. The police
were accused of being a neutral observer of the attacks by right-wing groups at
best. At worst, they actually perpetrated racist violence. Furthermore the police
often refused to investigate, even when there was ample evidence.48
69.
For the year 2012, the RVRN reported a distinct category of 25 incidents of
racist violence involving police officers.49 Seven of them occurred in police
stations where irregular migrants are often detained for prolonged periods of
time. In some cases, victims reported that they were brought to police stations,
were detained and then ill-treated for a few hours. There was also at least one
incident alleging collusion between port police officers and members of Golden
Dawn during an assault on a migrants house in Chios.50
70.
Law 3938/2011, as amended by Law 4249/2014, set up an office for arbitrary

incidents within the Greek Police to investigate cases of abuse of powers by the
police. However, this office has not commenced its work yet. ECRIs delegation
was informed by the authorities that in 2013, 109 complaints about racist acts
committed by police officers were lodged. While it is a positive step that such a
body has been created, it is unfortunate that it is not fully independent, but
remains part of the police force.
71.
ECRI reiterates its recommendation that the authorities provide for a body,
independent of the police and prosecution, entrusted with the investigation of
alleged cases of racial discrimination and racially-motivated misconduct by the
police, as called for in Chapter II 10) of its General Policy Recommendation
No. 11 on combating racism and racial discrimination in policing.
47
Greek National Commission for Human Rights, Racist Violence, 2011. However, it should be noted
that already in October 2012, the Chief of the Greek Police had issued a circular order (No. 6004/1/128)
containing instructions to the Directorate of Internal Affairs/Hellenic Police Headquarters, to handle, as a
matter of absolute priority, complaints about alleged ill-treatment of foreigners by police officers during the
exercise of their duties. Also: a manual entitled Guide of Conduct of the Hellenic Police towards religious
and vulnerable social groups was issued and distributed to all the police personnel,
48
ENAR, 2013, p. 29; - See also: The Ombudsman, 2013, p. 3-4 and the report of the Council of Europes
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) on its 2011 visit to Greece (pp.12 and 41).
49
RVRN, 2013.
50
The CoEs Commissioner for Human Rights in his 2013 report cites allegations by homeless migrants
living in the Pedion tou Areos park in Athens, that police officers who had checked their documents during
the day, often returned at night, wearing Golden Dawn t-shirts, to engage in violence against them (p.22).
25
Reporting of racist violence

72.
In addition to the obstacles listed in this sections introduction, many victims

who reside legally in Greece have no trust in the judicial system either.51 Of the
154 reported victims in 2012, only 24 filed official complaints and started judicial
procedures; another 23 indicated that, in principle, they would like to do so. The
rest did not take further action, mainly because they lacked documents and
were afraid of being arrested and deported. Instead of dealing with
complainants as potential victims of a crime, the police often seemed to
prioritise control of their residence status. In many cases, the victims stated that
they attempted to report the incidents to the police but were faced with
unwillingness to help or were discouraged and, in some cases, even
encountered actual refusal to respond. Some victims did not wish complain
because they had already experienced police violence or because they argued
that the perpetrators were associated with the police and/or Golden Dawn; as a
result, the victims feared reprisals.52
Measures taken by the authorities
73.
While some measures had been taken by the authorities, such as the creation
of new anti-racist police units in early 2013, these remained largely insufficient
to address the problem of racist violence. It was only after the murder of the
Pavlos Fyssas, an ethnic Greek, by a member of Golden Dawn in September
2013 that the authorities acted against the neo-Nazi party, arresting and
charging its leadership with having formed a criminal organisation. A Public
Prosecutor for the prosecution of acts of racist violence was appointed in
October 2013. The arrests also sparked a public debate as to whether the
crackdown might have been mainly motivated by party politics.53 On the other
hand, the fact that hundreds of attacks against foreigners, including several
killings, had not resulted in any steps against this organisation, but that this
required the death of a Greek, is in itself worrying. This attitude is also implied
by a comment made by the former high-ranking Cabinet Secretary, responding
in 2012 to the annual NHRC report, which had raised the problem of racist
violence, that We are not interested in the human rights of foreigners.54 The
Ministry of Justice, Transparency and Human Rights has included the fight
against racism and racist violence into its Human Rights National Action Plan
2014-2016.
74.
ECRI recommends the creation of a Task Force to develop a comprehensive

national strategy to combat racism and intolerance. Such a Task Force should
be composed of the relevant authorities, the two independent bodies
(Ombudsman and National Human Rights Commission) and NGOs, so as to
enhance the cooperation between the authorities and civil society on this
matter. The national strategy should, inter alia, include a situation analysis, an
overview of existing measures, gaps and needs, and strategic
recommendations on how to address them, including targets and measurable
indicators.
51
ENAR, 2013, p.29.
52
RVRN, 2013.
53
See for example: Greek PM's aide quits over purported Golden Dawn video, published by Reuters,
2.4.2014, accessed 23.5.2014.
54
See for example: Marcus Walker / Marianna Kakaounaki, Greece struggles to outlaw its Golden Dawn
fascist party, published on 5.12.2013 on the website of the UNHCR Greece (1 Against Racism), accessed
17.4.2014.
26
55
75.
There were hardly any criminal proceedings against perpetrators of racist

violence until the arrests of the Golden Dawn leadership. Furthermore, ECRI
was informed by the prosecuting authorities, the Ombudsman and several
NGOs that the racist and/or homo-/transphobic motivation of an act, in line with
Article 79 of the Criminal Code on aggravating circumstances, was considered
only at the end of a trial, when deciding the length of a sentence. This means
that usually the full racist and/or homo-/transphobic background and dimension
was not properly taken into account during the collection of evidence, the
investigation and the judicial proceedings, in spite of a 2006 Police Circular
regarding the inclusion of such motivations in police investigations. This in turn
also led to a skewed picture with regard to the extent of hate crime committed
and the severity of this problem within Greek society. Several recommendations
had been made in the past by human rights organisations concerning the need
to take racist or homo-/transphobic motivations into account from the outset of
an investigation and at the beginning of a trial. Given the scale of the problem in
Greece, it is difficult to comprehend why this had not been done before. The
new Article 81A of the Criminal Code on hate motivated offences, introduced in
2014, is intended to remedy this problem now.
76.
ECRI recommends that a racist and/or homo-/transphobic motivation in cases

of violent incidents is made an integral part of investigations and judicial
proceedings from their very beginning. ECRI recommends training for the
police, for which programmes proposed by international organisations could be
used. ECRI also recommends that the authorities offer training to judges and
prosecutors on the application of Article 81A of the Criminal Code on hate
motivated offences.
77.
In late 2012, the Ministry of Public Order and Citizen Protection introduced
special units within the police to tackle racist violence.55 They are mandated to
carry out in-depth investigations into racist attacks; they can also open an
investigation ex officio and receive anonymous complaints, including via a
dedicated telephone hotline. However, according to users the hotline (11414)
has no interpreters available. Furthermore, callers did not receive any
information about the reporting process or any assistance available, but were
merely told to report to a police station. Operating in this manner, the hotline
cannot be effective.
78.
ECRI recommends that the hotline be staffed with interpreters (at least in
Arabic, Farsi, English) and that staff be instructed to provide detailed
information on the procedure for reporting racist violence, as well as information
on any assistance available to victims, such as medical, psycho-social or legal
counselling.
79.
The competence of the new police units is limited to victims of acts of hatred on
national, racial, or religious grounds and does not include sexual orientation
and gender identity.
80.
ECRI recommends including sexual orientation and gender identity in the

mandate of the new anti-racism police units.
81.
While the initiative of setting up specialised police units is to be welcomed, there

is little evidence so far of their effectiveness. Most victims of racist violence do
not trust them because, inter alia, their staff have been recruited from within the
police force. Without a visible inculcation of a new and different attitude
amongst members of these units, this problem is likely to remain. Careful
Presidential Decree 132/2012.

27
selection of staff and adequate training (see also the recommendation made in
paragraph 74) is crucial in this regard.
82.
ECRI recommends further training for the new anti-racism police units.
83.
Furthermore, police officers remain under a legal obligation to check the

residence status of victims of racist violence, which is often a substantial
disincentive for victims to come forward. Guarantees are needed for persons
who do not have residence permits. Preventing and combating racist violence
requires victims to be able to report such a crime under safe conditions.
84.
During its visit, ECRIs delegation was informed by the authorities that the new
Migration and Integration Code was to provide guarantees for provisional
subsidiary protection for victims of racist violence who did not have a regular
migration status in Greece. This proposal has since been withdrawn.
85.
However, a ministerial decision (No. 30651), of 5 June 2014, provides for

residence permits to be issued - on humanitarian grounds - by the Minister of
Interior to third country nationals who are in Greece and who are victims or
important witnesses of racist offences; a preliminary investigation must have
been ordered or criminal proceedings initiated. The permits are valid until the
case is closed or a final court judgment issued. ECRI welcomes this step,
although it would have been preferable for the law to provide for the automatic
suspension of the deportation orders rather than leaving it to ministerial
discretion.
4.
-
Integration policies
Migrants
86.
In the 1990s most migrants in Greece came from Albania and Eastern Europe.
This changed in the following decade, when many migrants arrived from Africa
and Asia, especially Pakistan and Bangladesh. It seems that the first group
many of the members of which have resided in the country for prolonged
periods of time often remains a distinct and lower social stratum within Greek
society.56 The second group has fared even worse, probably due to larger
cultural differences, made worse by the onset of the economic crisis in the later
part of that decade. This illustrates the need for a strong integration policy.
Measures taken by the authorities
87.
In 2013, Greece developed a National Strategy for the Integration of Third

Country Nationals, but no specific results are yet known.57 Priority areas are:
information services, education and Greek language courses, employment and
vocational training, health, housing, political participation, equal opportunities
and intercultural dialogue. In 2012, Greece figured far below average in the
56
Kasimis Charalambos, Greece: Illegal Immigration in the Midst of Crisis, published on the website of the
Migration Policy Institute, 8 March 2012; and Kasimis Charalambos / Kassimi Chryssa, Greece: A History
of Migration, published on the website of the Migration Policy Institute, 1 June 2004. Both last accessed:
30 April 2014. - See also: Inam Ullah Leghari, Pakistani immigrants in Greece: from changing pattern of
migration to Diaspora politics and transnationalism, Paper presented at the Hellenic Observatory, London
School of Economics, 2009.
57
Website
of
the
European
Commission,
accessed
29.4.2014:
http://ec.europa.eu/ewsi/en/resources/detail.cfm?ID_ITEMS=34568 - See also: CoEs Commissioner for
Human Rights, 2013, p.9.
28
OECD list of key indicators on immigrant integration, concerning, inter alia,

housing, income, education, skill-matching and naturalisation.58
58
88.
The authorities informed ECRI that the new Migration and Integration Code
(Law 4251/2014) entered into force on 1 April 2014. Although it does not include
a further reduction in the number of work stamps required to renew residence
permits from the current 120 to 50 per year, as was initially envisaged; it
contains some transitional provisions. They aim at assisting third country
nationals who lost or are at risk of losing their legal residence status due to
unemployment. Persons whose residence permit expired before 30 September
2014 and who did not have the required number of work stamps, could have
their permit renewed simply by producing a valid national social insurance card.
ECRI welcomes this flexibility, although it cannot be seen as a substitute for a
permanent reduction of the number of work stamps.59 It is also positive to note
that the Ministry of Interior streamlined the administrative process for the
renewal of residence permits by setting up 58 so-called one-stop-shops
across the country that became operational in early 2014. Additional staff was
still being trained to reinforce the Athens and Piraeus offices, where all
residence permits were in the meantime automatically renewed for four months.
89.
Article 78 of Law 3852/2010 establishes the framework for local integration

councils.60 There are 219 such councils registered country-wide, but only about
100 are reported to be operating. ECRIs delegation met with members of the
Athens City Council for the Integration of Migrants, which has been described
as a very useful integration tool because it provides a platform for dialogue
between the different migrant communities and the municipal authorities. In the
absence of voting rights in local elections for non-EU citizens, this body can
also promote engagement and representation in public affairs.61 However, the
scope is limited as the Council is merely a consultative body and has no
decision-making powers.
90.
ECRI recommends carrying out an assessment as to why more than half of the
existing local councils for the integration of migrants do not operate.
91.
In 2013, a chamber of the Council of State, Greeces Supreme Administrative

Court, questioned the constitutionality of Law 3838/2010 on citizenship62 to the
extent that it would have granted citizenship to foreign children that have been
born in Greece and whose parents have been permanently and legally residing
in the country for at least five consecutive years or citizenship to foreign children
born in Greece or abroad under the condition that they have successfully
completed at least six grades of schooling in Greece (Art.1A); and voting rights
in local elections to second-generation immigrants (Art.14).63 The chamber
criticised Article 1A of the law for not providing for a procedure to demonstrate
the relationship of the person who would have become a Greek citizen with the
Source: OECD, Key indicators of integration by country, Greece.
59
See ECRIs conclusions on the implementation of the recommendations in respect of Greece subject to
60
Website
of
the
European
Commission,
http://ec.europa.eu/ewsi/en/resources/detail.cfm?ID_ITEMS=21974.
accessed
29.4.2014:
61
See also: CoEs Commissioner for Human Rights, 2013, p.9. - Attention is also drawn to the Convention
on the Participation of Foreigners in Public Life at Local Level and paragraph 158 in ECRIs fourth report
on Greece.
62
See also: Dimitris Christopoulos, EUDO Citizenship Observatory, Country Report: Greece, European
University Institute, Florence, January 2013.
63
Website of the RED Network, accessed 18.12.2013:

http://www.rednetwork.eu/?i=rednetwork.en.items&id=946.
29
Greek nation. The chamber also found the criteria set by the law for deciding on
a person's citizenship unsuitable and demanded stronger ties with Greece.
Furthermore, the chamber referred to the Constitution which gave the right to
participate in local elections only to Greek and EU citizens.64 ECRI recalls that,
although not necessarily a requirement, citizenship can be a major tool for the
integration of migrants. It is, therefore, regrettable that a progressive political
initiative seems to have been stopped.
92.
Migrant workers often suffer from abusive employment relationships, which

became visible again in the light of the 2013 shooting in Manolada, which was
the culmination of months of neglect and exploitation of thousands of migrant
workers.65 The Labour Inspectorate investigated the case afterwards to ensure
that outstanding salaries were paid, but it is worrying that violence had to occur
to bring such conditions to the attention of the authorities.
93.
ECRI recommends that the Labour Inspectorate pays special attention to the
working conditions of migrants in order to prevent their exploitation.
94.
ECRI regrets that the Athens Mosque has not been built yet66, in spite of some
progress made. Most Muslim worshippers67 meet in private premises, which are
often unsuitable. ECRI has been informed that there have been many problems
with the registration of such locations as places of worship. A circular was
issued by the authorities in May 2014 to provide guidance on this matter.
However, ECRI considers that the authorities should take a proactive stance
towards resolving the problem of Muslim worship.
95.
ECRI reiterates its recommendation that the Greek authorities remove any
administrative obstacles towards building a mosque in Athens.
96.
Many migrant organisations informed ECRI that the operation Xenios Zeus,
consisting of stop-and-search measures by the police to identify and detain
irregular migrants, had serious negative consequences on integration. Many
long-term residents were subjected to racial profiling and treated with suspicion
which alienated them from Greek society.68 Several migrants reported abusive
language and improper behaviour of police officers when they could not
immediately produce their residence documents.
97.
ECRI recommends that the authorities instruct police officers to refrain from
racial profiling during stop-and-search operations and to ensure respectful tone
and behaviour towards all persons stopped.
64
The RED Network, 2013.
65
Amnesty International visited the area in April 2013 and observed horrendous conditions where workers
some in their early teens lived in crowded sheds (for which they had to pay 20 rent per month)
without access to clean water and sanitation. According to witnesses, some 2 000 Bangladeshis work in
the area, with a further 3 000 or more workers from other countries, including Bulgaria and Albania. Some
had residence permits or had lodged asylum applications, but others are irregular migrants without
insurance or access to health care. Many worked for as little as 3.15 per hour. (Amnesty International,
December 2013, p.10).
66
See ECRIs 4th report on Greece, paragraph 107. See also the Report of the CoEs Commissioner for
Human Rights, 2013, p.9.
67
68
The situation is different for the Muslim minority of Western Thrace (see below).
Only about 5% of the people who were taken to a police station, were found to be residing unlawfully in
Greece. (The Ombudsman, The phenomenon of racist violence in Greece and how it is combated,
September 2013, p.5).
30
Roma
98.
The number of Roma in Greece is estimated to be around 265 000

(approximately 2.5 % of the population).69 As a result of failed integration plans,
many Roma are still marginalised and socially excluded.70 The Greek
authorities set up an inter-ministerial committee for the coordination of all
government institutions involved in Roma integration programmes. While the
committee is only scheduled to meet once a year, it is positive to note that it had
met three times in the seven months prior to ECRIs visit. This reflects the
importance of the matter and the need for strong and synchronised actions to
be taken.
99.
ECRI recommends that the inter-ministerial Committee on Roma integration

continues to meet at least once every three months to monitor developments.
100. The National Strategy for Social Integration of Roma 2012-2020 has the
objective of ending the social exclusion of Roma and creating conditions for
their integration. The previous Integrated Action Plan, with broadly similar
objectives, has largely failed. There was also insufficient participation of Roma
representatives in its evaluation.71 The new strategy prioritises housing,
education, employment and health.
101. ECRI recommends that Roma communities are involved in the systematic
follow-up of programme interventions in to ensure sustainability and greater
involvement of community members.
102. ECRI recommends that an ongoing monitoring and accountability mechanism
for the new Roma Integration strategy 2012-2020 is created, in which Roma
communities are represented. ECRI also recommends an independent midterm evaluation to be carried out in due course.
103. A large problem is still the lack of coherence between national strategies,
regional action plans and local-level implementation. At the moment, the
effectiveness of the integration measures depends to a large extent on the
cooperation of local authorities and institutions. Representatives of different
Ministries as well as NGOs confirmed that local resistance to Roma integration
is often strong and difficult for the central authorities to overcome.
104. ECRI recommends that the implementation of the National Strategy for Social
Integration of Roma 2012-2020 is closely coordinated with regional and local
authorities.
105. Problems persist especially with regard to segregation in housing and
education, often based on widespread prejudice against Roma within local
communities. A majority of older Roma continue to be illiterate, and although
school attendance is more common among younger Roma, their involvement in
the educational process is still insufficient. The illiteracy and dropout rates
among Roma children are still high.72 Their position in the formal labour market
is, in general, precarious or even non-existent. Many Roma met by ECRIs
delegation explained that due to a lack of formal education and reduced
demand for unskilled workers, especially in the construction sector, as a result
69
In September 2010 the estimates ranged from 180 000 to 350 000. - Council of Europe Roma and
Travellers Division, quoted in: Claude Cahn and Elspeth Guild, Recent Migration of Roma in Europe, 2010
nd
(2 edition), p.87. published by the OSCE High Commissioner on National Minorities.
70
ERTF, 2013, p.2.
71
See ECRIs conclusions on the implementation of the recommendations in respect of Greece subject to
72
ERTF, 2013, p.7.

31
of the economic crisis, they now have to rely even more on informal economic
activities, such as collecting scrap metal. Child benefits provided by the state
are often the only stable source of income, thus perpetuating dependency and
socio-economic marginalisation.
106. Roma pupils are often excluded from schools or sent to Roma-only facilities. In
its 2012 judgment in Sampanis and Others v. Greece73, the ECtHR found a
violation of Article 14 (prohibition of discrimination) of the ECHR in conjunction
with Article 2 of Protocol No.1 (right to education).The case concerned the
education of Roma children at the 12th Primary School in Aspropyrgos. The
school was supposed to accept both Roma and non-Roma children without
distinction, but no non-Roma children were enrolled and the school provided a
level of education inferior to that provided in other schools. The ECtHR
recommended enrolling the pupils in other schools. The Ombudsman had
described it as a ghetto school and requested, unsuccessfully, its merger with
another local school.74
107. ECRIs delegation visited the school and found that still only Roma children
attended it. Attempts to enrol these children in the primary school closest to
their settlement, which in the meantime had been moved on orders of the local
authorities, had failed. Parents of non-Roma pupils and local residents had
threatened violence if Roma children were enrolled there and the headmaster,
supported by local officials, refused to enrol them. While the Ministry of
Education and Religious Affairs attempted to initiate a dialogue to solve the
problem in accordance with the ECtHR judgment, it eventually decided to keep
the Roma children in the 12th Primary School for their own safety.
108. Following the ECtHR judgment, the government made some efforts to abolish
segregated schools through a national programme for Education of Roma
Children and through so-called Education Priority Zones. This initiative was
taken by the Ministry of Education and Religious Affairs and the programme is
co-funded by the EU.75 It aims to ensure the equitable educational integration of
students and, if possible, to remove social and economic barriers to their
progress. However, Greece currently still continues to fail in securing access to
desegregated, inclusive education for all pupils.
109. ECRI strongly recommends that the Greek authorities develop an effective
strategy to put an immediate end to racial segregation affecting Roma children
in schools and to prevent any reoccurrence in the future. Such a strategy should
be in full compliance with the judgments of the European Court of Human
Rights and can also draw inspiration from ECRIs General Policy
Recommendation No. 10 on combating racism and racial discrimination in and
through school education.
110. The living conditions in many Roma settlements in Greece continue to be a
cause of concern. Some settlements are in complete isolation from the rest of
the population, without running water or electricity, with no heating in winter and
leaking roofs in some cases, and without a sewage system or access to public
transport. Furthermore, many forced evictions of Roma took place without
73
Sampanis and Others v. Greece (ECtHR application no. 32526/05) - see also: Lavida and Others v.
Greece.
74
www.humanrightseurope.org/2012/12/human-rights-complaint-raises-concerns-about-ghetto-schools-forgreeces-roma-children/ accessed 25.4.2014.

75
The programme is being implemented by the Universities of Thessaloniki and Athens, under supervision
of the Ministry of Education and Religious Affairs, in 84 municipalities with large concentrations of Roma,
focusing on regions where primary school integration indicators are low.
32
specifying a suitable place to install a safe and legal settlement and without
adequate access to legal remedies.76
111. According to data from the International Romani Network, following a study
conducted in cooperation with the Greek Ministry of Labour, some 80% of
Roma makeshift settlements and 20% of settlements that consist of a
combination of houses and makeshift constructs, were not connected to the
national power grid. 31 out of 37 makeshift settlements were not connected to
the water supply system and 26 had no sewage facilities.77
112. ECRI recommends that the Greek authorities take action to address the
situation of Roma who live in settlements of inadequate standards.
113. ECRIs delegation visited a Roma settlement in Spata. It lay on an isolated site.
Its residents were moved there by the local authority from another settlement. 78
They were provided with some pre-fabricated houses, but no other facilities.
The lack of access to water, sewage and electricity systems has never been
addressed. On at least one occasion, the authorities allegedly explained that
the settlement cannot be connected to the utility grids due to its location in the
vicinity to Athens Airport, where in fact no housing is normally permitted.
114. The Roma living on the settlement have been refused registration with the local
authority because they cannot provide electricity or water bills as proof of
residence. Some Roma children from the settlement had initially been enrolled
in the local school, were then expelled and their re-enrolment subsequently
refused due to lack of registration of residence. This problem is recognised by
the Ministry of Education and Religious Affairs as a widespread obstacle to
school enrolment of Roma children.
-
The Muslim minority of Western Thrace

115. The Muslim minority of Western Thrace is the only recognised minority and
consists of persons, the majority of whom identify themselves as Turks, others
as Pomaks and Roma. Their number is estimated to be approximately 100 000
120 000, roughly one third of the population of the region. They enjoy special
rights with regard to their religion, language and mother-tongue education.79
116. Some 60 000, mainly ethnic Turks, from Western Thrace lost their Greek
citizenship under Article 19 of the citizenship law, which was in force from 1955
until 1998.80 The repeal of the provision was not retroactive.81 One has to apply
to regain ones Greek citizenship. The persons concerned must reside in
Greece. The Ministry of Interior has informed ECRI that so far all requests from
persons living in Greece have been processed, except for one which is still
76
In December 2009, the European Social Committee found, for the second time in five years, violations of
Article 16 of the European Social Charter on the grounds that a significant number of Roma families
continued living in conditions that failed to meet minimum standards, and that Roma families continued to
be forcibly evicted in breach of the Charter. The complaint detailed the Greek governments continuing
failure to provide adequate housing and related infrastructure for the Roma as well as its involvement in
over 20 forced evictions since 2004. It also highlighted the systematic discrimination experienced by the
Roma and lack of adequate safeguards and remedies.
77
ERTF, 2013, p.10.
78
Decision 177/1995 of the Spata Municipal Council, carried out in October 2000.
79
Greece is not yet a State Party to the Framework Convention for the Protection of National Minorities.
The rights of the Muslim minority of Western Thrace are set out in the 1923 Treaty of Lausanne.
80
Article 19 read: a person of non-Greek ethnic origin leaving Greece without intention of returning may
be declared as having lost Greek nationality.
81
See ECRIs Third Report on Greece, 2004, paragraph 9; and Western Thrace Minority University
Graduates Association (WTMUGA), Comments on the US Human Rights Report on Greece 2011.
33
pending; minority representatives have mentioned that at least 30 requests

have not been granted yet, which they perceive as an ongoing injustice and
obstacle to full integration. The authorities dispute this number; they refer in this
connection to five cases of statelessness in which the persons concerned did
not apply for citizenship and were issued with a special type of residence
permit.
117. ECRI recommends that the authorities reinforce their efforts to rectify the
negative consequences of Article 19 of the citizenship law, which resulted in
many persons still being unable to regain their Greek citizenship.
118. ECRI is concerned about the significant influence that the three offices of the
Ministry of Foreign Affairs exercise over issues concerning the status of the
minority, although the Greek authorities have informed ECRI that their task is
limited to monitoring the implementation of the State policy, in compliance with
Greeces international obligations. ECRI wishes to stress that this is perceived
by many members of the minority as a sign of not being recognised as equal
Greek citizens.
119. The minority representatives met by ECRIs delegation were satisfied with the
existing University quota of 0.5% for members of the Muslim minority of
Western Thrace. This is seen as a positive mechanism that has also helped to
increase the number of female students. However, further improvement of
primary and secondary education is viewed as crucial to enable more minority
children to qualify for tertiary education. Particular concerns exist about the
delayed accreditation of the new faculty for Turkish mother-tongue teaching at
the Aristotelian University of Thessaloniki, which replaced the old Special
Pedagogical Academy. Official recognition, which has been pending since
2011, is necessary in order to issue students, the first batch of whom is due to
graduate in 2014, with state-recognised diplomas.
120. ECRI recommends that the Ministry of Education and Religious Affairs
facilitates the timely accreditation of the new faculty for Turkish mother-tongue
teaching.
121. There are only two schools providing secondary bilingual education for the
minority (in Xanthi and Komotini). This situation, together with a general lack of
teaching resources for the bilingual primary schools, has resulted in lower
educational standards and attainment levels amongst minority children, and
ultimately their social and economic marginalisation and exclusion.82 Pupils
often have to give up their right to bilingual education, if they wish to access the
better quality education provided in mono-lingual (Greek-language) schools.
122. ECRI recommends that the Ministry of Education and Religious Affairs, in
addition to the progress made already, scales up its support to the bilingual
schools in Western Thrace to ensure that the standard of teaching is equal to
that of mono-lingual schools. ECRI also draws the Greek authorities attention
to its General Policy Recommendation No. 10, which contains useful guidelines
on these issues.
123. Law No. 3518/2006 has made pre-school education compulsory. There are no
special measures for the Muslim minority of Western Thrace, where it is only
provided in Greek.83 The Government has rejected proposals to open Turkish-
82
See for example WTMUGA, Submission to the UN Human Rights Council, Forum for Minority Issues,
November 2012, p.2.
83
34
WTMUGA, Comments on the US Human Rights Report on Greece 2011.
Greek bilingual kindergartens in the existing bilingual primary schools.84 In

September 2012, the regional school inspectors in Echinos, Xanthi Prefecture,
refused to enrol 20 children who had not attended the obligatory (Greeklanguage only) kindergarten and dismissed a bilingual schools principal, who
had registered and taught them. While a solution to this incident was found and
the children now attend school, no plans exist on how to avoid such situations in
the future. ECRI is of the opinion that childrens right to schooling should not be
jeopardised.
124. ECRI recommends that the authorities take all necessary steps to ensure that
minority children have access to a bilingual or monolingual elementary school,
as per their parents choice. It also recommends that the authorities enter into
dialogue with the representatives of the minority to solve this problem.
125. ECRI received information and complaints from representatives of the minority
about the low rate of members of the minority working in the civil service,
especially in decision-making positions - including in Western Thrace itself.
126. ECRI recommends that the Greek authorities take steps to increase the number
of minority members who work in the civil service of the region of Eastern
Macedonia and Thrace.
II.
Topics specific to Greece
1.
Interim follow-up recommendations of the fourth round
127. The three interim follow-up recommendations from ECRIs fourth round report
are discussed in the relevant thematic sections above (see 26, 86 and 98).
2.
Other
2.1
Irregular Migrants
128. In 2010 the OECD estimated that nearly half of the immigrant population in
Greece did not have a regular migration status.85 It was estimated that there
were approximately 350 000 such migrants in the country in December 2010
and some 390 000 at the end of 2011.86 In the second quarter of 2012, 56% of
all detected irregular border crossings into the EU occurred via the land border
between Greece and Turkey.87
129. Like many other human rights organs, including the Council of Europes
Commissioner for Human Rights, ECRI is concerned about the alleged
breaches of fundamental rights of migrants in the context of border patrols, such
as push-back operations at land and sea, and in particular incidents that put
the lives of migrants at risk or resulted in deaths, such as the shipwreck near
Farmakonisi in January 2014.
130. ECRI recommends that the Greek authorities ensure thorough and independent
investigations into alleged human rights violations in the context of border
patrols and prevent any re-occurrence.
84
Human Rights Without Frontiers, Ethnic Turks in Greece, a Muslim Minority, Brussels, November 2012,
p.12.
85
The OECD's International Migration Outlook, quoted in: Charalambos Kasimis, Greece: Illegal
Immigration in the Midst of Crisis, Agricultural University of Athens, March 2012.
86
Thanos Maroukis, Update report Greece: The number of irregular migrants in Greece at the end of 2010
and 2011, Database on Irregular Migration, p.3.
87

35
131. ECRI notes with satisfaction that the Greek authorities have now adopted a
policy of granting Syrian refugees temporary humanitarian stay in the country.
Moreover, ECRI is pleased to have learnt that there are no longer plans to
introduce irregular migration status as an aggravating circumstance in the
commission of a criminal offence, as had been discussed in 2012.88
132. Law 3907/2011 provides for migrants to be detained for preparation of their
return and enforcement of the removal order unless other sufficient, but less
coercive measures can be applied in a specific case (Art. 30.1). However, in
practice, no less coercive measures exist currently. In most cases, the
authorities automatically consider that being in an irregular situation constitutes
sufficient reason for detention89 and the policy is systematically to detain
irregular migrants who are detected, whether at the land or sea border or during
police checks, for example in the context of operation Xenios Zeus.
133. ECRI recommends that the Greek authorities revise their policy with the aim of
no longer detaining irregular migrants routinely, but develop alternative, less
coercive measures, in its place.
134. Law 4075/2012 amended Presidential Decree 114/2010 and Law 3386/2005,
providing for migrants and asylum seekers also to be detained if they represent
a danger to public health, when they suffer from an infectious disease,
belong to groups vulnerable to infectious diseases, or live in conditions that
do not meet minimum standards of hygiene.90 ECRI considers such measures
to be discriminatory. They are prone to lead to further stigmatisation, which in
the already existing climate of hate speech and racist violence is
counterproductive.
135. Irregular migrants can access medical treatment in emergency situations,
regardless of residence status.91 ECRI learnt, however, about problems arising
from the police frequently checking the documents of migrants outside of NGOoperated health care centres in Athens. This has become a major disincentive
for irregular migrants to access these centres, for fear of arrest and possible
deportation, with resulting negative consequences for the individuals
concerned, as well as for the wider public health situation.
136. ECRI recommends that the authorities provide adequate medical treatment to
migrants irrespective of their residence status in cases of serious infectious
diseases or other public health risks. Furthermore, where medical services are
provided by NGOs, access to them should not be jeopardised by police checks.
137. Irregular migrants, if not detained, are left to fend for themselves, without any
social protection or the right to work. Many have resorted to squatting in
abandoned houses and derelict apartment buildings in inner-city Athens, which
has resulted in local residents associating them with the decay and
impoverishment of these areas.
88
89
Report of the UN Special Rapporteur on the human rights of migrants on his visit to Greece, 2013, p.14.
See the CPT website (www.cpt.coe.int) for information on the conditions of detention.
90
Whilst detention on public health grounds is permissible under international law, it must in all cases be
necessary, proportionate, appropriate to achieve a clear public health aim, and nondiscriminatory. See for
example the ECtHRs 2005 judgement in Enhorn v. Sweden (case no. 56529/00). Doubts have already
been raised as to the compatibility with Article 5.1 of the ECHR of provisions that specifically target nonth
citizens for detention on health grounds (ECRIs 4 report on Lithuania, 184 - 185). See also: Robyn
Martin, The Exercise of Public Health Powers in Cases of Infectious Disease: Human Rights Implications,
in: Medical Law Review (2006) 14 (1): p.132-143.
91
Focus Migration, Irregular Migration in Europe Doubts about the Effectiveness of Control Strategies,
Policy Brief nr. 9, March 2008, p.3.
36
138. ECRI was informed that providing housing to irregular migrants is illegal and
persons or organisations doing so can face prosecution.92 This leads to a
situation in which charitable organisations, which would be prepared to offer
some form of accommodation to irregular migrants are prevented from doing so.
139. ECRI recommends that the authorities de-criminalise the provision of
accommodation to irregular migrants in order to enable charitable organisations
to provide assistance to irregular migrants who suffer from homelessness.
2.2
Policies to combat discrimination and intolerance against LGBT
persons93
140. Greece does not have an effective policy for the protection of LGBT persons
against discrimination or a strategy to promote tolerance vis--vis this group.
Sexual orientation and gender identity were included as grounds in the old
Article 79(3) of the Criminal Code on aggravating circumstances, and in Law
4285/2014, which added the new Article 81A on hate motivated offences to the
Criminal Code. 94 Sexual orientation, but not gender identity is also included in
the grounds of Law 3304/2005 (see section I.1 above). However, there is no
national programme in place to raise awareness among the public and combat
negative stereotypes and prejudices.
141. In the 2012 LGBT survey of the European Unions Fundamental Rights Agency
(FRA), 68% of respondents in Greece said that offensive language about LGBT
people by politicians is fairly or very widespread in their country (EU
average: 44%).95 ECRI was informed by LGBT groups that homo- and bisexual
persons can usually only avoid discrimination by not revealing their sexual
orientation, as levels of intolerance are still high. While it is regrettable that
anyone feels compelled to resort to secrecy, such an option is often not even
available to transgender and transsexual people.
142. A cause for serious concern is the homophobia and transphobia exhibited by
some staff in educational institutions. FRAs LGBT survey showed that nearly
one quarter (24%) of respondents felt discriminated against because of being
LGBT by personnel in educational institutions.96 The case of a transgender
person, who was harassed in an Athens evening school and was finally driven
to abandon her further education, is one of the cases in point and even led to an
intervention by the Ombudsman.97 However, in this case it seems particularly
peculiar and counter-productive that the only teacher, who had supported the
victim in the absence of any support from the headmaster, was subsequently
suspended in dubious circumstances and allegedly without due process.98
92
See Law 3386/2005, Article 84 (1), and also Law 4251/2014, Article 29.
93
Concerning the definition of LGBT cf. Council of Europe, Discrimination based on sexual orientation and
gender identity in Europe, 2011, pp. 21 and 139 et seq.
94
See 14 in section I.1 above.
95
FRA, EU LGBT survey, Survey data explorer published May 2013, accessed 19.5.2014.
96
EU FRA, EU LGBT survey, Survey data explorer, 2013. - According to the survey only 1% of
respondents indicated that they were always open about their LGBT identity at school; while more than
three quarters felt the need to hide it completely.
97
Interventions by the Ombudsman available at: http://www.synigoros.gr/?i=isotita-tonfylon.el.if2_9other.132282

See also: Speech by the Ombudsman at the Council of Europes conference on discrimination of LGBT
people, available at: http://www.synigoros.gr/resources/speech-on-discrimination-of-lgbt.pdf.
98
Greek Transgender Support Association, Scalable transphobic behavior against trans schoolgirl &
teacher who supported her, 9.5.2013, accessed 19.5.2014 at http://www.ilga-europe.org. See also:
37
143. ECRI strongly recommends that the Greek authorities develop a national
strategy, together with LGBT representatives, to combat discrimination and
homo-/transphobia, including in educational facilities. Furthermore, all
educational staff should be encouraged and supported to assist victims of
bullying.
144. Not only are sexual orientation and gender identity not included into the
mandate of the newly established anti-racism police units (see section I.3
above), but repeated and consistent allegations have been brought to ECRIs
attention concerning routine police harassment of transgender persons by fining
them for solicitation and attempted prostitution merely based on their
appearance and the discrepancy between their looks and the sex indicated on
their identity cards.
145. ECRI strongly recommends that the Greek authorities issue a clear instruction
to all police officers that transgender persons should not be fined for alleged
prostitution offences merely due to their identity and appearance.
146. In the run-up to the 2013 Thessaloniki Pride, a group of transgender people was
arrested and charged with public order offences allegedly caused by their
transgender identity. Their lawyer, who visited them in the police station, was
also detained, allegedly without justification, and intimidated by police officers.99
The Greek authorities informed ECRI that an internal police inquiry has been
conducted, but that the case was closed as the claims against the police
officers could not be substantiated. ECRI notes that the investigation was not
independent; moreover, it has received no information as to whether a criminal
prosecution against the policemen concerned will be initiated.
147. ECRI recommends that the authorities ensure a full and independent
investigation of this incident.
2.3
Political Extremism
148. The election results in May 2014 show that the threat of Golden Dawn has not
disappeared. The party tripled its share of the vote in the Athens local elections
from just over 5% in 2010 to 16%, and achieved 9.3 % in the election to the
European Parliament, in spite of the fact that several of its political leaders
remained remanded in custody during the election campaigns. While it seems
that the authorities strategy to dismantle Golden Dawn and its public appeal by
exposing it as a criminal organisation has had a certain positive effect on
reducing the incidents of racist violence since September 2013, the local and
European elections clearly showed that its political support has not been
reduced. The opposite seems to be the case. This makes the need for
substantial verification of pledges of constitutionality and banning of racist
parties even more relevant, given the increasing threat posed by Golden Dawn.
149. While outlawing a political party will not be sufficient to change the attitudes
among its voters, and might even increase their appeal in the eyes of some,
such a step is a clear signal that organisations advocating racial hatred cannot
be considered as a legitimate political force.
Amnesty International, Because of Who I am Homophobia, Transphobia and Hate Crimes in Europe,
2013, p.3.
99
Greek Transgender Support Association, Transgender arrests in police crackdowns and unlawful
detention of the defenders of their rights in Thessaloniki, Greece, published 11.6.2013, accessed
19.5.2014 at http://www.ilga-europe.org.
38
150. Legal measures can, however, only be one aspect of a comprehensive

response that is needed to counter racist extremism, manifestations of which
are also not necessarily limited to a single political party. The current economic
crisis, including the ongoing austerity measures, are undoubtedly a major
destabilising factor and Greeces geographic position as the main entry point for
irregular migration into the EU compounds this further. However, linking the
upsurge of racism solely to external factors, plays down the responsibility of a
society to decide how it reacts to existing challenges. Racism is not an
automatic and inevitable consequence of a social and economic crisis, but it is
also strongly rooted in narrow and exclusive perceptions of ones own identity.
151. Hence, the current situation does not only necessitate, but also offers an
important opportunity for a broad-based paradigm shift towards more inclusive
definitions of Greek identity. This can enable society as a whole to reject
existing racist tendencies as an assault on the rich diversity of Greek cultural
heritage. Racist hatred and violence can never be a mechanism to defend
Greek identity - on the contrary, they undermine its very essence and the values
of the civilisation it has shaped.
152. It is therefore important that the Greek authorities facilitate a public debate
within Greek society in order to re-evaluate definitions of ethnic and monocultural Greek identity, which often give rise to perceiving the other as a threat
to the countrys well-being. Greek values of openness, hospitality, tolerance and
democracy, coupled with the nations own historical experiences of oppression
and violence in the past, and its traditions of emigration, are useful building
blocks with which the authorities can launch such a new public discourse to
facilitate the redefining of Greek identity in a multi-cultural context.
153. ECRI recommends that the Greek authorities launch a broad-based public
campaign to denounce racist attitudes as contrary to Greek values and interests
and to promote an inclusive and multi-cultural approach towards Greek identity.
39
INTERIM FOLLOW-UP RECOMMENDATIONS

The two specific recommendations for which ECRI requests priority implementation
from the authorities of Greece are the following:
ECRI recommends the creation of a Task Force to develop a comprehensive

national strategy to combat racism and intolerance. Such a Task Force should
be composed of the relevant authorities, the two independent bodies
(Ombudsman and National Human Rights Commission) and NGOs, so as to
enhance the cooperation between the authorities and civil society on this
matter. The national strategy should, inter alia, include a situation analysis, an
overview of existing measures, gaps and needs, and strategic
recommendations on how to address them, including targets and measurable
indicators.
ECRI recommends that the question of a racist and/or homo-/transphobic

motivation in cases of violent incidents is made an integral part of investigations
and judicial proceedings from their very beginning. ECRI recommends training
for the police, for which programmes proposed by international organisations
could be used. ECRI also recommends that the authorities offer training to
judges and prosecutors on the application of Article 81A of the Criminal Code
on hate motivated offences.
A process of interim follow-up for these two recommendations will be conducted by

ECRI no later than two years following the publication of this report.
41
LIST OF RECOMMENDATIONS
The position of the recommendations in the text of the report is shown in parentheses.
1. (2) ECRI once again recommends Greece to ratify Protocol No. 12 to the
European Convention on Human Rights.
2. (6) ECRI recommends that language and citizenship are included in the list of
grounds of Article of Law 927/1979. It also recommends that the offences that are
still missing (see 4 above) be included in the law.
3. (8) ECRI recommends to amend Law 927/1979 in order to criminalise racial
discrimination in the exercise of ones public office or occupation.
4. (11) ECRI recommends to amend Law 927/1979 in order to criminalise the public
expression, with a racist aim, of ideologies with a claim of superiority.
5. (15) ECRI recommends that language and citizenship are included in the list of
grounds in Article 81A of the Criminal Code.
6. (22) ECRI recommends that Law 3304/2005 be amended in line with its General
Policy Recommendation No. 7 to: include the grounds of colour, citizenship and
language; extend the scope of Chapter III of the law to social protection, education
and access to goods and services; include discrimination by association and by
assumption; and include a direct obligation on all public authorities to prevent
discrimination in carrying out their functions.
7. (24) ECRI repeats its recommendation to amend Law 3304/2005 so as to enable
non-governmental organisations to bring cases to court without representing a
specific victim.
8. (27) ECRI recommends, in line with its GPR No. 7, that the legislation be
amended not only to suppress public financing of organisations which promote
racism, but also to provide for the possibility of dissolution of such organisations.
9. (31) ECRI recommends Law 3304/2005 be amended to give the Ombudsman the
right to initiate court cases, to participate in them and to intervene in favour of
plaintiffs whose cases s/he has investigated. The Ombudsman should be allowed
to receive complaints from the private sector concerning racial discrimination.
Alternatively, an independent equality authority, dealing inter alia with racial
discrimination, should be created along the lines recommended by ECRI in its
above-mentioned General Policy Recommendation No. 7 and the more detailed
General Policy Recommendation No. 2 on specialised bodies to combat racism,
xenophobia, antisemitism and intolerance at national level.
10. (33) ECRI recommends that in order for the Equal Treatment Committee and the
Labour Inspectorate to become independent authorities, they should be given a
status similar to that of the Ombudsman. Alternatively, their competencies could be
transferred to an independent authority, as recommended in 31.
11. (35) ECRI recommends that the Greek authorities set up a national monitoring
mechanism for incidents of hate speech. This should also include, but not be
limited to, a centralised database for court cases.
12. (45) ECRI calls upon all political parties, as well as the leadership of the Greek
Orthodox Church, to take a firm stand against racist discourse and instruct their
43
representatives to refrain from making derogatory comments targeting a group of

persons on grounds of their race, religion, nationality, language or ethnic origin.
13. (48) ECRI recommends that a provision prohibiting racist and homo-/transphobic
insults and providing for measures and/or sanctions to be taken in case of its
breach is introduced in the Parliaments Standing Orders.
14. (52) ECRI recommends that Law 927/1979 is always applied to cases of hate
speech in the media. It also recommends that the authorities encourage, without
encroaching on the independence of the media, the creation of an effective selfregulatory mechanism for the media industry to prevent racist comments in
newspapers, on television and on the radio. Furthermore, it recommends that
Greece ratifies the Additional Protocol to the European Convention on Cybercrime,
as stated in the 2014-2016 Human Rights National Action Plan.
15. (56) ECRI recommends that the authorities discuss with the leadership of the
Orthodox Church ways in which the Church can use its moral standing to prevent
and combat hate speech, including against LGBT.
16. (57) ECRI recommends that the authorities make a public declaration
condemning homo-/transphobic hate speech. It also recommends that all political
parties take a firm stand against homo-/ transphobic discourse by their
representatives.
17. (59) ECRI recommends that the authorities ensure that clear instructions are
issued to all police officers that no fee is to be charged for reporting racist or homo/ transphobic violence; the victims should always be informed accordingly.
18. (71) ECRI reiterates its recommendation that the authorities provide for a body,
independent of the police and prosecution, entrusted with the investigation of
alleged cases of racial discrimination and racially-motivated misconduct by the
police, as called for in Chapter II 10) of its General Policy Recommendation No. 11
on combating racism and racial discrimination in policing.
19. (74) ECRI recommends the creation of a Task Force to develop a comprehensive
national strategy to combat racism and intolerance. Such a Task Force should be
composed of the relevant authorities, the two independent bodies (Ombudsman
and National Human Rights Commission) and NGOs, so as to enhance the
cooperation between the authorities and civil society on this matter. The national
strategy should, inter alia, include a situation analysis, an overview of existing
measures, gaps and needs, and strategic recommendations on how to address
them, including targets and measurable indicators.
20. (76) ECRI recommends that a racist and/or homo-/transphobic motivation in
cases of violent incidents is made an integral part of investigations and judicial
proceedings from their very beginning. ECRI recommends training for the police,
for which programmes proposed by international organisations could be used.
ECRI also recommends that the authorities offer training to judges and prosecutors
on the application of Article 81A of the Criminal Code on hate motivated offences.
21. (78) ECRI recommends that the hotline be staffed with interpreters (at least in
Arabic, Farsi, English) and that staff be instructed to provide detailed information
on the procedure for reporting racist violence, as well as information on any
assistance available to victims, such as medical, psycho-social or legal
counselling.
22. (80) ECRI recommends including sexual orientation and gender identity in the
mandate of the new anti-racism police units.
44
23. (82) ECRI recommends further training for the new anti-racism police units.
24. (90) ECRI recommends carrying out an assessment as to why more than half of
the existing local councils for the integration of migrants do not operate.
25. (93) ECRI recommends that the Labour Inspectorate pays special attention to the
working conditions of migrants in order to prevent their exploitation.
26. (95) ECRI reiterates its recommendation that the Greek authorities remove any
administrative obstacles towards building a mosque in Athens.
27. (97) ECRI recommends that the authorities instruct police officers to refrain from
racial profiling during stop-and-search operations and to ensure respectful tone
and behaviour towards all persons stopped.
28. (99) ECRI recommends that the inter-ministerial Committee on Roma integration
continues to meet at least once every three months to monitor developments.
29. (101) ECRI recommends that Roma communities are involved in the systematic
follow-up of programme interventions in to ensure sustainability and greater
involvement of community members.
30. (102) ECRI recommends that an ongoing monitoring and accountability
mechanism for the new Roma Integration strategy 2012-2020 is created, in which
Roma communities are represented. ECRI also recommends an independent midterm evaluation to be carried out in due course.
31. (104) ECRI recommends that the implementation of the National Strategy for
Social Integration of Roma 2012-2020 is closely coordinated with regional and
local authorities.
32. (109) ECRI strongly recommends that the Greek authorities develop an effective
strategy to put an immediate end to racial segregation affecting Roma children in
schools and to prevent any reoccurrence in the future. Such a strategy should be
in full compliance with the judgments of the European Court of Human Rights and
can also draw inspiration from ECRIs General Policy Recommendation No. 10 on
combating racism and racial discrimination in and through school education.
33. (112) ECRI recommends that the Greek authorities take action to address the
situation of Roma who live in settlements of inadequate standards.
34. (117) ECRI recommends that the authorities reinforce their efforts to rectify the
negative consequences of Article 19 of the citizenship law, which resulted in many
persons still being unable to regain their Greek citizenship.
35. (120) ECRI recommends that the Ministry of Education and Religious Affairs
facilitates the timely accreditation of the new faculty for Turkish mother-tongue
teaching.
36. (122) ECRI recommends that the Ministry of Education and Religious Affairs, in
addition to the progress made already, scales up its support to the bilingual
schools in Western Thrace to ensure that the standard of teaching is equal to that
of mono-lingual schools. ECRI also draws the Greek authorities attention to its
General Policy Recommendation No. 10, which contains useful guidelines on
these issues.
37. (124) ECRI recommends that the authorities take all necessary steps to ensure
that minority children have access to a bilingual or monolingual elementary school,
as per their parents choice. It also recommends that the authorities enter into
dialogue with the representatives of the minority to solve this problem.
45
38. (126) ECRI recommends that the Greek authorities take steps to increase the
number of minority members who work in the civil service of the region of Eastern
Macedonia and Thrace.
39. (130) ECRI recommends that the Greek authorities ensure thorough and
independent investigations into alleged human rights violations in the context of
border patrols and prevent any re-occurrence.
40. (133) ECRI recommends that the Greek authorities revise their policy with the
aim of no longer detaining irregular migrants routinely, but develop alternative, less
coercive measures, in its place.
41. (136) ECRI recommends that the authorities provide adequate medical treatment
to migrants irrespective of their residence status in cases of serious infectious
diseases or other public health risks. Furthermore, where medical services are
provided by NGOs, access to them should not be jeopardised by police checks.
42. (139) ECRI recommends that the authorities de-criminalise the provision of
accommodation to irregular migrants in order to enable charitable organisations to
provide assistance to irregular migrants who suffer from homelessness.
43. (143) ECRI strongly recommends that the Greek authorities develop a national
strategy, together with LGBT representatives, to combat discrimination and homo/transphobia, including in educational facilities. Furthermore, all educational staff
should be encouraged and supported to assist victims of bullying.
44. (145) ECRI strongly recommends that the Greek authorities issue a clear
instruction to all police officers that transgender persons should not be fined for
alleged prostitution offences merely due to their identity and appearance.
45. (147) ECRI recommends that the authorities ensure a full and independent
investigation of this incident.
46. (153) ECRI recommends that the Greek authorities launch a broad-based public
campaign to denounce racist attitudes as contrary to Greek values and interests
and to promote an inclusive and multi-cultural approach towards Greek identity.
46
BIBLIOGRAPHY
This bibliography lists the main published sources used during the examination of the situation
in Greece. It should not be considered as an exhaustive list of all sources of information
available to ECRI during the preparation of the report.
European Commission against Racism and Intolerance (ECRI)

1.
Statement by the European Commission against Racism and Intolerance

concerning racist and xenophobic political activities in Greece, Strasbourg,
10.12.2012.
2.
Conclusions on the implementation of the recommendations in respect of

Greece subject to interim follow-up, 2012, CRI(2012)47.
3.
4.
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Third Report on Greece, 2004, CRI(2004)24.
5.
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6.
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7.
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antisemitism and intolerance, 1996, CRI(96)43
8.
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9.
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against Roma/Gypsies, 1998, CRI(98)29.
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victims, 1998, CRI(98)30.
10.
11.
General Policy Recommendation No.5: Combating

discrimination against Muslims, 2000, CRI(2000)21.
12.
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13.
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and racial discrimination, 2003, CRI(2003)8.
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and
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18.
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19.
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22.
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47
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autres c. Grce, Requte no 35151/05, Arrt.
24.
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Mr Nikolaos Dendias, Minister of Public Order and Citizen Protection and
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Mr Miltiadis Varvitsiotis, Minister of Shipping, Maritime Affairs and the Aegean
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48
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49
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Dawn, BBC News World online.
78.
Papadopoulos, J. (13.7.2012), Neonazis im griechischen Parlament, in: Le

Monde diplomatique (German edition).
The Racist Violence Recording Network Greece (2013), 2012 Report.
79.
80.
81.
The Red Network, Council of State declares unconstitutional 2010 Greek

Citizenship Law.
Smith, H. (28.9.2012), Greek police send crime victims to neo-Nazi 'protectors',
The Guardian.
82.
Smith, H. (1.12.2013), Golden Dawn supporters rally for imprisoned leader's

release, The Guardian.
83.
Theodorakis, S. (13.5.2012), Protagonistes, Mega Channel.
84.
Theodoridis, A. (2013), Report on Measures to Combat Discrimination Directives 2000/43/EC and 2000/78/EC - Country Report 2012, Greece,
European network of legal experts in the non-discrimination field.
85.
86.
Trilling, D. (12.12.2012), A warning from Athens, New Statesman.

United States Department of State, Bureau of Democracy, Human Rights and
Labor (2014), Country Reports on Human Rights Practices for 2013 Greece.
87.
Versendaal, H.v. (25.11.2013), Down but not out: Golden Dawn rears its head
again, MacroPolis.
88.
Western Thrace Minority University Graduates Association (2012), Submission

to the UN Human Rights Council, Forum for Minority Issues.
50
APPENDIX: GOVERNMENTS VIEWPOINT

The following appendix does not form part of ECRI's analysis and
proposals concerning the situation in Greece
ECRI, in accordance with its country-by-country procedure, engaged in
confidential dialogue with the authorities of Greece on a first draft of the
report. A number of the authorities comments were taken on board and
integrated into the reports final version (which, unless otherwise indicated,
only takes into account developments up until 18 June 2014, date of the
examination of the first draft).
The authorities also requested that the following viewpoint be reproduced
as an appendix to the report.
51
Comments of the Greek authorities on the ECRI Report on GREECE prepared in the
framework of the Fifth Monitoring Cycle and following the Commissions visit to
Greece, 10-14 March 2014.
SUMMARY
Page 7, par. 11
The phrase Although the Greek authorities acknowledge the need to fight racism,
there is no comprehensive and multi-sectoral strategy in place to address its root
causes and to involve civil society partners in the fight against racism is vague and
unsubstantiated.
Page 7, par. 12 in fine
It is not correct that there is insufficient official condemnation of acts of hate
speech. On many occasions, Greek officials have openly and unequivocally
condemned such acts. See comments on par. 41-45.
Page 8, par. 4
The sentence There is also considerable discrimination towards LGBT and in
particular against transgender persons does not accurately depict the situation
prevailing in Greece, where LGBT rights and activities, such as the holding of the
10th Gay Pride Parade on June 14th in Athens are widely accepted practices, and
transgender associations are legally recognized and operate freely.
Moreover, the new anti-racism law, which was voted on September 9th 2014, clearly
includes sexual orientation and gender identity into the list of grounds by reference
to which are defined individuals or groups of individuals targeted by the acts
criminalized under the Law.
FINDINGS AND RECOMMENDATIONS
Par. 7 8
Concerning Racial discrimination in the exercise of ones public office or
occupation it is noted that the ground of public office is included in article 1 of
Law 4285/2014, which replaced the article 1 par. 5 of Law 927/1979 and provides
that If the offence referred to in the previous paragraphs was committed by a
public official or civil servant during the performance of official duties assigned
thereto, a) a sentence of imprisonment for a period of six (6) months to
three (3) years and a fine of ten to twenty five thousand euro (10.000-25.000) shall
be imposed in the instances of paragraphs 1 and 2, and b) a sentence of
imprisonment for a period no less than one (1) year and a fine of twenty five to
fifty thousand euro (25.000-50.000) shall be imposed in the instance of
paragraph 3".
Par. 31
Regarding the recommendation, we would like to note that under the Greek legal
order it is not possible to assign these tasks to the Ombudsman.
Pursuant to the Ombudsmans founding law (Law 2477/1997), the mission of the
Ombudsman is not to take any of the litigants side but to settle a case which has
arisen, acting as mediator. The independence of this body (it is an independent
administrative authority) guarantees its correct function, while at the same time it
cannot substitute any persons right to handle his/her case. If a person who has
53
suffered legal damages does not have the financial means to defend his/her rights
before a court of justice, he/she is entitled to ask for legal aid.
Par. 34
There is no evidence substantiating allegations of borderline incidents against
citizens of countries considered to be responsible for the economic crisis.
Para 39
The part of the footnote number 18 which refers to the stance of the Greek Orthodox
Church towards the new antiracist law should be included in the text of the
paragraph 39 with the additional clarification that the Holy Synod of the Orthodox
Church of Greece praised it unanimously.
Par. 41-45
Concerning paragraphs 41-45 of the Report, we would like to stress that, in order to
avoid misinterpretations creating false impressions, statements of politicians and
other public figures should not be taken out of their context. In this framework, the
Report should have included a mention to the repeated, unequivocal condemnation
of any manifestation of racism, by the entirety of the political leadership of Greece,
as well by almost all the political parties. In this spirit, selective reference to alleged
comments by individual politicians does not contribute to an objective assessment.
Concerning the Church of Greece, it is noted, first of all, that it is not a state
organization. Nevertheless, it is underlined that the same stance of condemnation of
any manifestation of racism has also been adopted by the Church of Greece. During
the meeting of its Standing Holy Synod of the Orthodox Church of Greece recently
(26 August 2014) it praised the newly adopted anti-racism Law as an effort to
promote the social peace and the respect for the rights of all. At the same time it
recalled its charitable mission, benefitting, among others, the migrants who live in
Greece, and stressed that tolerance as an attitude towards the others is not enough,
but practical interest and love should be also displayed.
With regard to the recommendation that all political parties take a firm stand
against racist discourse and instruct their representatives to refrain from making
derogatory comments targeting a group of persons on grounds of their race,
religion, nationality, language or ethnic origin, we would like to note that all
political parties and their members in Greece have the obligation, without any
exception, to respect the human rights as protected in the Greek Constitution and
the International Conventions ratified by our country.
Par. 57
The recommendation on making a public declaration condemning homo-trans-phobic
hate speech is vague and irrelevant. It is noted that Greece has taken considerable
steps towards creating an effective framework to fight racism, both in terms of
legislation (see point on Law 4285/2014) and institutions.
Par. 60
We would like to note the following in relation to the first phrase The Greek
authorities do not compile full statistics about the extent of racist violence.
Although the statistics in this field remain a challenging task for Greece, data are in
fact compiled as per request and for purposes of International Organizations
evaluation reports or questionnaires.
54
Within the next two years, with the planning of our new system of gathering
statistical data and more specifically with the Integrated Court Case Management
System- ICCMS, which is part of the Action Plan on the e-justice initiative of the
Hellenic Ministry of Justice, Transparency and Human Rights, we expect to create- in
the penal law- a consistent and reliable system of categorization of all criminal acts,
including those of racist violence at least in the big Greek cities, which account for
almost 60% of total cases.
A Working Group has been set up in the Hellenic Ministry of Justice, Transparency
and Human Rights on the coordination of national actions in the framework of the
works of the European Union (E.U.) Council Working Group on e-justice (e-law/ejustice). This Working Group is monitoring the progress of the ICCMS, among other
things.
Par. 68-69
By circular order of the Chief of the Hellenic Police (No. 6004/1/128 dated
24.10.2012) instructions were given to the Directorate of Internal Affairs/Hellenic
Police Headquarters, to handle, as a matter of absolute priority, complaints about
alleged ill-treatment of aliens, by police officers during the exercise of their duties
and taking place in any case, especially complaints by aliens about incidents of racist
violence. Specifically, the abovementioned Service is called to investigate,
immediately, by virtue of art. 1, par. 2, chapter a of L. 2713/1999, the crimes
committed by or in which police officers of all ranks, border guards and special
guards participate. These crimes are also defined in the provisions of articles 137A137D of the Criminal Code.
Furthermore, based on the circular No. 1/2010 (ref. No. 1165/23.3.2010) of the
Supreme Court Public Prosecutor, in cases of complaints filed by detainees of Police
Services concerning ill-treatment within the framework of preliminary investigation
or arrest, the competent Public Prosecutor should be immediately informed and the
complaints shall be investigated by policemen of the same Service, as well as by the
public prosecutor and the judicial authorities.
In addition to the criminal control for possible violations of human rights, police
officers are subject to continuous administrative control, which is ensured by the
especially strict disciplinary law, under which disciplinary offences are punished as
soon as possible. Within this framework it was established by orders of the
Headquarters the Officers obligation to investigate any racist motive during the
disciplinary investigation of cases concerning unethical behavior of police officers
against persons who belong to vulnerable ethnic, religious or social groups or are
foreign citizens. In this case, it is mentioned in the findings of the administrative
inquiries whether the existence of a racist motive in the behavior of the policemen
under control has been investigated.
Furthermore, the investigation of a possible racist motivation is an obligation, which
arises from circular order No. 7100/4/3 dated 24-5-2006 of the Hellenic Police
Headquarters, in order to handle racism, xenophobia and intolerance during police
action. Under the said circular order, police officers are bound to investigate the
existence of a racist motive, whether as independent motive or as individual motive
in case of existence of multiple motives in a crime, and especially when the alleged
offenders admit so, or the injured parties and the witnesses of a crime claim so, or
there are indications based on evidence accepted by the Code of Criminal Procedure
or the alleged offenders or victims of the crime belong to different racial, religious
and social group.
Furthermore, a manual entitled Guide of Conduct of the Hellenic Police towards
religious and vulnerable social groups was issued and distributed to all the police
55
personnel, which sets forth in a concise way the more specific categories of
vulnerable groups and gives clear instructions to police officers regarding the
treatment of such persons.
It is pointed out that the printed information bulletins on the rights of detainees
include information on the possibility to file a written complaint about bad
conditions of detention, ill-treatment, abuse or other breaches of their rights,
according to a Model established especially to that purpose (Information Bulleting
type D-34). Such models were translated into 16 languages. After their final
standardization the said bulletins were sent to all the Services of the Greek Police,
upon circular order No. 7100/24/3-e dated 12-10-2010 of the Hellenic Police
Commander.
Regarding the incident that took place in Chios, on 10th-10-2012, the inquiry
conducted concluded that there was no involvement of police officers but that of a
port police officer. Consequently, the investigation lies in the competence of the
competent Port Authority.
Par. 70 - 71
It is true that the operation of the Office for arbitrary incidents has not become
possible so far because of problems regarding the staff recruitment.
Nevertheless, we would like to point out that Law 4249/2014 aims at overcoming
such difficulties, by expanding membership of the relevant committee within the
Office to include lawyers who are members of a Greek Bar Association. The same Law
also foresees the participation, without the right to vote, of a representative of the
Greek Ombudsman. Besides, Law 4249/2014 widens the scope of the Office, which
now covers allegations of illegal conduct on the grounds of racism or other forms of
discriminatory treatment on the grounds of racial or ethnic origin, religious or other
beliefs, disability, age, sexual orientation or gender identity and, more generally,
any offending conduct against persons living in Greece.
Par. 72
On the occasion of publications and complaints concerning the participation of police
officers in punishable offences related to the Golden Dawn, the Hellenic Police
Headquarters conducted a relevant inquiry and in cases where disciplinary or/and
criminal liabilities ensued for the Hellenic Police Personnel, the procedures foreseen
by the disciplinary or/and the criminal law respectively were followed.
Par. 73
The phrase these remained largely insufficient to address the problem of racist
violence, in the beginning of the paragraph, is largely unsubstantiated.
Par. 74
Concerning the creation of a Task Force to develop a comprehensive national
strategy to combat racism and intolerance, it is noted that the authorities
responsible for putting in place the Human Rights National Action Plan, promoting
the cooperation among national and regional services and consulting with the
National Commission for Human Rights and other national or International
Organizations are already in place, having exactly the mission recommended by the
ECRI. We fear that a new Task Force could lead to duplication of efforts and
confusion.
56
Par. 84
Regarding the protection of migrants in a vulnerable situation, such as victims of
racist violence, according to the recent Joint Ministerial Decision (30651/2014) that
has specified the issuance of residence permits for humanitarian reasons, third
country nationals granted with a residence permit for humanitarian reasons, subject
to the provisions and the criteria of the joint Ministerial Decisions for uninsured
persons (official Gazette B 1747/2006 and B 1453/2014), will be entitled to free of
charge medical services and health care.
Par. 86
The Report mentions various data, such as the main countries from which migrants in
Greece originate, without however making a reference to their source. Furthermore,
there are certain assumptions on the socio-economic situation and integration of
migrants in Greece without however an adequate justification and without being
based on relevant research or statistical data.
Par. 87
Concerning the statement that no specific results are yet known about the
National Strategy for the Integration of Third Country Nationals (TCN), we should
remark that in the context of this National Strategy and in order to achieve its goals,
the Social Integration Division of the Greek Ministry of Interior, as Responsible
Authority for the European Integration Fund (EIF) 2007-2013, has implemented, in
collaboration with public and private stakeholders in the integration process as well
as in collaboration with civil society organizations, a series of actions promoting the
smooth integration of third country nationals in the Greek society. All actions in the
context of the Greek EIF and their results are published in the Funds website.
Specifically, from the Annual Programmes of EIF that have been implemented so far,
overall 944,554 people (locals and migrants) have benefited through actions in the
following fields: Pre-departure measures; Information Services to TCNs and raising
awareness of local society; Education and training; Health; Culture Sports;
Research:; Networking and cooperation at local and European level.
Point 88
It is noted that the "Migration and Integration Code" (4251/2014) has been adopted
and entered into force on 1st June 2014 (see art.148) and not on 1st April 2014.
In addition the phrase Although it does not include - as was initially envisaged
should be replaced by the following According to a new joint ministerial decision
(no 51738/2014, B 2947) of November 2014, which determines the number of work
stamps required to renew residence permits, the current number of work stamps has
been reduced. It is here worth mentioning, as provided by the new Ministerial
Decision, that third country nationals, insured at the Social Security Institute, should
be insured for minimum 50 working days per year.
Further the last sentence of the same phrase it contains some transitional
provisions. could be accordingly modified as following: The Code contains also
some transitional provisions.
Par. 89
First of all, it is noted that the official translation is Migrants Integration Councils
and not local integration councils. The Migrant Integration Councils are set up by a
Decision of the Municipal Councils. After the local government elections of May 2014
resulting in new local authorities, the setting up of new Municipal Councils started in
September 2014. At the moment, the number of the Migrant Integration Councils that
57
will be set up by the new authorities cannot yet be known. Indeed, during the past
four years 219 Migrant Integration Councils were set up, while a considerably smaller
number of them operated. In order to support their operation, the Division of Social
Integration, as Responsible Authority of the EIF Greece, has so far implemented two
(2) actions for the technical support of Migrant Integration Councils and one training
programme for their members. The Division intends to continue supporting the
Migrant Integration Councils operation through new actions in the next
programmatic period 2014-2020.
Par. 94-95
The Greek Government has already adopted a Law for the operation of a mosque in
Athens while the only condition laid down for granting license to other places of
prayer is that they are safe for the gathering of the worshipers, in accordance with
applicable laws (on fire safety issues, etc.). Specifically, the joint circular, issued in
May 2014, clarifies and provides guidance on the implementation of the legislation on
the granting of a permit to establish and operate places of worship of religious
communities other than the Orthodox Church. The said circular, while fully
respecting the right of persons belonging to a religious community to practice freely
and without any impediment their religion, aims at ensuring through appropriate
regulations both the safety and protection of those gathering in the place of worship
and the safety and quality of life of those living nearby, thus safeguarding and
promoting social peace and mutual understanding.
Moreover, it is to be noted that the Council of State (Supreme Administrative Court),
referring to the Constitution and to relevant international human rights treaties,
found recently that the legislative framework providing for the funding by the State
of the construction of the mosque does not violate the principles of equality and
freedom of expression of religious beliefs, but instead it allows persons of Muslim
religion to practice their religion in accordance with the general public interest.
As a result, administrative procedures are progressing normally and in accordance
with the normal pace of executing public works. Any attempt to bypass ordinary
administrative procedures might create legal problems, which would entail additional
delays. The Mosque of Athens is being built from public funds and therefore is a
public project.
Par. 98-114
The Integrated Action Plan for the social integration of the Greek Roma (20022008) was based on two priority axes, with emphasis on accommodation
infrastructures and services. The Integrated Action Plan aimed at the
implementation of a national policy through interventions and actions that
contributed to reducing social inequalities. The Ministry of Interior was responsible
for implementing the Infrastructures axe through works and actions in the area of
improvement of living conditions for the Greek Roma. Within this context, Local
authorities were funded for the construction of houses and basic infrastructure
works, prefabricated houses, the construction of water supply and drainage
networks, road construction, lighting, establishing of social infrastructure for
renewal and redevelopment projects, playgrounds, purchase of land etc. The
infrastructures were financed by the national resources of the Public Investment
Program. The approved budget amounts to 120 million . So far works of 94 million
have been integrated into the budget and the amount of 62 million has been paid.
This work is in the phase of repayment of obligations from the previous financial
years.
58
A housing loans scheme for Greek Roma (2002-2009) living in shacks or any other
construction that did not meet minimum requirements of permanent habitation. The
program provided for 9.000 loans, amounting to 60.000 each, which were
guaranteed by the State budget, while favorable payment terms were applied for
loans provided for main residence purposes. According to our records,
7.854 applications were approved while 6.625 loans have been already concluded.
The disbursement is effectuated by banks, while the beneficiaries choose the place
or residence themselves. The loans have been granted on the basis of social criteria
taking into account the living conditions of that group, with special emphasis on
large families with minor children, people in widowhood, disabled, or families with
low income. The program has been completed in accordance with article 38 of law
4075/2012.
Although the objectives of the Integrated Action Plan were clear, problems have
arisen in the implementation procedures. In particular, many municipalities have
seen improvements in housing and housing conditions. However, at operational level
a single management centre was lacking; the final beneficiaries (local authorities)
were not adequately prepared and a vertical (thematic) approach was opted for
instead of a horizontal one. Finally, in many cases, obstacles in Plans
implementation were also due to the local society (social exclusion of Roma) and due
to problems related to civil registration process (lack of civil status registration of
Roma, lack of documents etc).
The above mentioned deficiencies were highlighted in the Assessment of actions
integrated in the National Integrated Plan as well as other actions related to the
Roma within the context of the project Elaboration of a study on the current
situation of Roma in Greece, assessment of activities and elaboration of an action
plan for the 4th planning period implemented by the ESF Actions Coordination and
Monitoring Authority. The Integrated Action Plan results assessment became the
basis for further consultation, which has been taken into account during the planning
of the National Strategy for the Social Integration of Roma 2012-2020.
In relation to the loan mechanism, it should be stressed that it managed to offer
visible results for the Roma population; however, it has not been possible to address
all cases.
It should be noted that we consider it important to reiterate that Greek Roma are
covered by the framework of human and civil rights as the rest of the Greek
population does. This includes access to education, which practically entails that
the leading legal documents on access to education make no particular mention on
Roma children. Nevertheless, the Ministry of Education will continue to apply the
additional proactive measures and special programs considering the particular needs
of the Romani population and the prejudice or exclusion that Roma children might
face during their schooling. Further to the abovementioned, an important
development took place recently by which, in full compliance with the judgments of
the European Court of Human Rights, a Circular was issued by the Ministry of
Education in May 2014 by which the closure of the 12th Primary School in Aspropyrgos
was decided. Roma children who attended the said school may now attend other
schools in the area of Aspropyrgos. Moreover, in the Circular issued in June 2014 with
regard to the educational planning of the school year 2014-2015 the importance of
the unobstructed access of Roma children to schools was once again stressed. All
Heads of School Units were reminded of their obligation to enroll Roma pupils in
Primary Schools and were called upon to provide support in any possible way so that
Roma students are included in the education process. In the abovementioned Circular
it is made clear that schools also ought to cooperate with those involved in the
implementation of the program Education of Roma children, so that interventions
in Roma education have an effective outcome.
59
Par. 115-126
With reference to the Muslim minority in Thrace (paras. 115-126), the geographic
area where the members of the minority inhabit is the regional administration of
Eastern Macedonia and Thrace. Therefore, the description Western Thrace is
inaccurate.
Regarding stateless Muslims in Thrace, there are a few pending applications for
Greek citizenship. Actually, there are only five (5) cases of stateless Muslims, who
are supplied with a special type of residence permit (Stateless Person ID Card). These
persons have not applied for Greek citizenship.
With regard to the role of the Ministry of Foreign Affairs in connection with the
Muslim minority, it is to be noted that every single Ministry of the Greek Government
and local administration act according to their competences in this area, as in any
other part of Greece. The mission of the Regional Bureau of the Ministry of Foreign
Affairs is limited to monitoring compliance with Greeces international obligations.
In a recent development, the Greek Parliament, on 27 November 2014, passed a law
which establishes a new academic unit for Teachers of the Minority Program in the
Democritus University of Thrace (Alexandroupolis) which gives the opportunity to its
graduates to be specialized in minority education and be allocated to the minority
schools upon examination aiming at further improving the standards of the minority
education, thus satisfying a long standing request of the minority.
Par. 142 and 143
By law, in August 2014, a Committee for the Planning and Coordination of Action on
Sexual Education for the students in Secondary Education was composed, which is
expected to contribute positively with regard to raising students awareness of LGBT
issues. In the Circular of June 2014 mentioned above, schools are urged to include in
their work for the school year 2014-2015 actions for the prevention of school violence
and bullying, in collaboration with school counselors and with the Coordinators for
Actions for the Prevention of school violence and bullying in their region.
Par. 146 and 147
Regarding the incident of adducing of transsexual persons in 2013, in Thessaloniki,
and arrest of their counsel, upon complaint lodged by the counsel, a Sworn
Administrative Inquiry has been conducted by the Administrative Inquiries Subdirectorate of the General Police Directorate of Thessaloniki and by decision of the
Director it was filed, as no reprehensible behaviour on the part of the arrested
policemen was substantiated while, until today, as regards the filed complaint, the
launching or not of a criminal prosecution against the policeman concerned has not
been notified to the competent Directorate of the Hellenic Police Headquarters.
60

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CRI(2015)1

ECRI REPORT ON GREECE

Adopted on 10 December 2014

ECRI REPORT ON GREECE

The authorities should de-criminalise the provision of accommodation to irregular

FINDINGS AND RECOMMENDATIONS

Legislation against racism and racial discrimination1

Protocol No. 12 to the European Convention on Human Rights

This is also Relevant for sections I.2, I.3 and II.2.2.

Article 1 does not refer to the grounds of language and citizenship.

Racial discrimination in the exercise of ones public office or occupation - as per

ECRI recommends to amend Law 927/1979 in order to criminalise racial

The act of denying, condoning, or trivialising genocide, crimes against humanity

ECRI recommends to amend Law 927/1979 in order to criminalise the public

Article 79(3) of the Criminal Code made it an aggravating circumstance to

See 75 and 76 in section I.3.

Law 3304/2005 provides protection against discrimination.8 In its last report,

Law 3304/2005 covers discrimination on the grounds of race9, ethnic origin,

Law 3304/2005 does not mention discrimination based on colour, language or

Discrimination by association or discrimination by assumption, as mentioned in

There are no provisions in Law 3304/2005 that place a direct obligation on

See also: Athanasios Theodoridis, Report on Measures to Combat Discrimination - Directives

ECRI repeats its recommendation to amend Law 3304/2005 so as to enable

The Ombudsmans Office is a constitutionally established independent authority. Its organisation,

The Ombudsman can only refer a case to the competent prosecutor or

The Ombudsman cannot receive complaints concerning the private sector, as

ECRI recommends Law 3304/2005 be amended to give the Ombudsman the

During its visit to Greece, ECRIs delegation was informed by various

ECRIs conclusions on the implementation of the recommendations in respect of Greece subject to

ECRI recommends that the Greek authorities set up a national monitoring

ECRI, before analysing the different manifestations of hate speech in Greece

Political and other forms of public racist discourse

USA Greekreporter.com, Greek Orthodox Community of America Renounced Anti-Semitic Statements

Representatives of migrant groups and other groups of concern to ECRI

There are other examples of dangerous comments, including that made in

Quoted in: CoEs Commissioner for Human Rights, 2013, p.8.

CoEs Commissioner for Human Rights, 2013, p.8.

Many representatives of vulnerable groups explained that while the day-to-day

Hate speech by political extremists in Parliament

ECRI recommends that a provision prohibiting racist and homo-/transphobic

CoEs Commissioner for Human Rights, 2013, p.8.

CoEs Commissioner for Human Rights, 2013, p.10.

Hate speech in the media and on the Internet

ECRI recommends that Law 927/1979 is always applied to cases of hate

See Stohos newspaper, http://www.stoxos.gr/2011/12/2007.html, accessed 5.12.2013.

European Network Against Racism (ENAR), 2013, p.32.

ENAR, 2013, p.32 See also: http://national-pride.org/2011/02/21/ and http://www.hellasontheweb.org.

Homo- / transphobic speech

ECRI recommends that the authorities make a public declaration condemning

Racist and homo- / transphobic violence

There is a severe problem with underreporting of racist or homo-/transphobic

http://www.tanea.gr/news/politics/article/5062171/epistolh-benizeloy-se-serafeim-h-orthodoksia-apexeiplhrws-apo-antilhpseis-kanonistikes-hthikoplastikes-timwrhtikes/, accessed 3.4.2014.

Extent of the real problem

The reports and conclusions of the network indicate an explosion of racist

In 2012, the RVRN registered two racially motivated murders39 and

RVRN, 2012 Report, Athens, April 2013, accessed 16.12.2013.

In April 2013, more than 150 mainly Bangladeshi migrants working as

ENAR, 2013, p.30.

CoEs Commissioner for Human Rights, 2013, p.6.

RVRN, Racist Violence Recording Network presents 2013 annual report.

Law 3938/2011, as amended by Law 4249/2014, set up an office for arbitrary

Reporting of racist violence

In addition to the obstacles listed in this sections introduction, many victims